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:
In California, debts incurred before marriage or after separation are considered separate debts. According to California Family Code § 916(a):
- Separate property owned by a married person at the time of division is liable for debts incurred by that person before or during marriage.
- However, separate property is not liable for debts incurred by the spouse unless the debt was assigned to the spouse in the property division.
Therefore, you will be solely responsible for your debts incurred before marriage. Your spouse will not be liable for these debts unless they were specifically assigned to her during the property division.
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.