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Thelawman2
Thelawman2, Attorney
Category: Legal
Satisfied Customers: 1612
Experience:  Attorney-at-Law
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My fiance is in prison in California and she has a verty

Customer Question

Hi, My fiance is in prison in California and she has a verty large financial judgement against her. If I marry her do I become responsible for that debt?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: She has a judgement against her
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Legal
Expert:  Thelawman2 replied 2 months ago.

Hello, my name is ***** ***** I will be helping you today.

While you are not responsible for the debt, it is possible that you feel the affects of having to pay that debt. Whether you are liable for debts of your spouse depends on what kind of property exists and is available to satisfy a debt. Community property is liable and therefore available to pay a debt either spouse incurs before marriage and during marriage, regardless which spouse controls that property. Community property is all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in California.

In order to be mostly protected you need to keep your separate property separate. If you commingle it with the other party's separate property, or with the community, a creditor cannot be expected to know what is yours verses what is both of yours.

Customer: replied 2 months ago.
What do I need to do legally to keep my property seperate
Customer: replied 2 months ago.
Hello?
Customer: replied 2 months ago.
Does a prenup work for debt in community property states?
Expert:  Thelawman2 replied 2 months ago.

Sorry about that...to keep your property separate, you need to do things like making sure that your property is only in your name and you don't add him to it. Additionally, any money that you have should be kept in a separate account in your name only and not his.