Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

As to my previous question, without a legal separation or…

As a follow up to...
As a follow up to my previous question, without a legal separation or divorce, is there a way to ensure I cannot be held jointly responsible for any debts or financial liabilities that she may incur?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
12/23/2017
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 36,335
Experience: 30 plus years of experience.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.

Ask Your Own Family Law Question

You can enter into a post nuptial agreement to keep debt separate.

Otherwise, not really, and especially not in a community property state.

Any debt a spouse incurs while married is presumed community debt.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this and incurring liability unknowingly.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 36,335
Experience: 30 plus years of experience.
Verified
Loren and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Thanks

You are very welcome.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
Assuming we establish a post nuptial agreement to remain independently responsible for debts incurred after our date of separation (Sept 2007), would this agreement need to be filed with a court to be valid if/when one of her creditors were to attempt to collect a debt she is responsible for from me?

You would need to file it with the court if you were sued by a debt collector over her debts.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
Would this be filed bis family court as a post-nuptial agreement or something else?

It is probably not going to have an effect on current creditors directly.

The problem is that California law presumes that liabilities incurred by someone during marriage are community property and either spouse can be held liable. A creditor who does not know about a postnuptial agreement can pursue either spouse. It is then up to the spouse who was not responsible for the debt to pursue the other spouse for indemnification.

The only way to avoid this situation is to record the postnuptial agreement so that a potential creditor is put on notice that the debt is the responsibility of only one spouse. By making it public record that there is no community property, or that there will be no community debts, it is not reasonable for a creditor to rely on community property rules.

Ask Your Own Family Law Question
Was this answer helpful?
Ask Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 36,335
36,335 Satisfied Customers
Experience: 30 plus years of experience.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My daughter needs to file for a legal separation in Utah.
My daughter needs to file for a legal separation in Utah. Her husband has anger issues caused by the adderall he is taking and she needs to get out of the house. But she has a newborn baby and is brea… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
FOR LAWYER J, If someone submitted for a legal separation
FOR LAWYER J,Good Morning,If someone submitted for a legal separation and now wants a divorce, can that legal separation be amended to now reflect divorce? The legal separation was never submitted for… read more
lawyerJ
lawyerJ
Juris Doctorate
155 satisfied customers
I am seeking a legal separation from my husband. We do not
I am seeking a legal separation from my husband. We do not itend to get back together. The reason for this is my husband's mental health issues and I don't want to be responsible for any debts that he… read more
LegalGems
LegalGems
Juris Doctorate
11,013 satisfied customers
My husband and I have lived apart without a legal separation
My husband and I have lived apart without a legal separation for the past 5 years. He lives in Pennsylvania and is asking for a no fault divorce. He has a lawyer, I do not. What is my legal standing i… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My spouse and I recently had a legal separation decree issue
My spouse and I recently had a legal separation decree issue in WA state. We are reconciling and wanting to undo this... how can we? … read more
lawyerJ
lawyerJ
Juris Doctorate
155 satisfied customers
My wife filed for legal separation on November 17th, 2017 in
My wife filed for legal separation on November 17th, 2017 in California. My response was filed for legal separation a few weeks later. I recently decided to amend my response to dissolution. As legal … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My wife wants to void our legal separation and file for a
My wife wants to void our legal separation and file for a divorce and I don't? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,283 satisfied customers
In a divorce, does community property always get granted
In a divorce, does community property always get granted when it's a business that was started with no help or financial help from the spouse?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a question about the post nuptial agreement. This
Good morning . I have a question about the post nuptial agreement . This summer I had a post nuptial agreement done with a paralegal ... that told me it could be revoked … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,121 satisfied customers
If my wife and I are legally separated in California, and
If my wife and I are legally separated in California, and the judge signs the order stating that the house we co-own is her legal residence, do I have the right to enter the house, as co-owner, whenev… read more
Loren
Loren
Lawyer
36,335 satisfied customers
My wife and I legally separated on November 17th in
My wife and I legally separated on November 17th in California. Shortly after, her company was purchased by a lager conglomerate and her stock options quadrupled in value. She acquired this job and th… read more
Damien Bosco
Damien Bosco
3,652 satisfied customers
My wife and I legally separated on November 17th in
My wife and I legally separated on November 17th in California. Weeks after, her company was purchased by a lager conglomerate and the stock options she was given upon being hired years ago quadrupled… read more
Loren
Loren
Lawyer
36,335 satisfied customers
I signed a post nuptial agreement under duress. My Husband
I signed a post nuptial agreement under duress. My Husband has filed for divorce. Is the agreement binding or can I ask for a small settlement. We were married 33 yrs. I worked & contributed to househ… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,570 satisfied customers
Question about legal separation/ legal divorce in CA: CA. My
Question about legal separation/ legal divorce in CA: … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,835 satisfied customers
Divorce and custody Alaska. Wife filed for legal separation
Divorce and custody Alaska. Wife filed for legal separation and I responded changing to a divorce. Married 12 yrs with 3 kids. 6 yr old, 3 yr old and 11 months. Own a business and business is struggli… read more
Phillips Esq.
Phillips Esq.
MBA
18,646 satisfied customers
Can I receive a legal separation agreement while my divorce
Second opinion] Can I receive a legal separation agreement while my divorce is pending? I am in Cal and my wife is in Utah. My cars are in Cal but insurance won't let me drop her with a legal separati… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,835 satisfied customers
Can I receive a legal separation agreement while my divorce
Can I receive a legal separation agreement while my divorce is pending? I am in Cal and my wife is in Utah. My cars are in Cal but insurance won't let me drop her with a legal separation agreement. Sh… read more
Phillips Esq.
Phillips Esq.
MBA
18,646 satisfied customers
I had a legal separation agreement prior to our divorce. My
I had a legal separation agreement prior to our divorce. My ex wife had exclusive use of the family residence. I was to deposit my monthly pay check in the the joint account for living expenses and co… read more
Ray
Ray
Lawyer
Doctoral Degree
31,355 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x