Full question:
I own a separate property in California. After marriage, it became part of the marital property. We are dividing the property as we are getting divorced. I had incurred some debts before I got married which still exists. Will my wife be liable to pay my debts?
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: California
Answer:
The debts incurred before the marriage or after the separation are considered as separate debts and it will belong only to the spouse who incurred them.California Family code §916(a) discusses the liability after property division. It states:
“(1) The separate property owned by a married person at the time of the division and the property received by the person in the division is liable for a debt incurred by the person before or during marriage and the person is personally liable for the debt, whether or not the debt was assigned for payment by the person's spouse in the division.
(2) The separate property owned by a married person at the time of the division and the property received by the person in the division is not liable for a debt incurred by the person's spouse before or during marriage, and the person is not personally liable for the debt, unless the debt was assigned for payment by the person in the division of the property. Nothing in this paragraph affects the liability of property for the satisfaction of a lien on the property.
(3) ***
(b) ***”
Therefore, you alone will be held liable for the debts incurred by you before solemnization of your marriage and after the property has been mixed with the marital property. Your spouse may not be liable for the debt, unless the debt is assigned for payment by the wife in the division of the property.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
