Full question:
My fiance just had to plead guilty to a felony. She has $55,000 in restitution; is there a way for me once we are married to shelter our finances? Long story short, the state emptied her bank account today of $3,500 when the verbal agreement with the court was $200 a month so we need to find a way to shelter the money I make so that can't happen. What are our legal options with this whole mess?
- Category: Marriage
- Date:
- State: California
Answer:
Generally, a spouse is not liable for the debts of the other as long as it is an individual account, the spouse running up the debt is not an authorized user, surety, guarantor, or cosignor, and the couple does not live in a community property state. However, even in a community property state the assets of the spouse not running up the debt could be at risk. For example, in cases involving, among others, bankruptcy, divorce, or other litigation, creditors may go after assets held jointly by the debtor and non-debtor spouse, such as a bank account in both their names. If your spouse agrees to pay off a joint credit card debt but does not, the bank may successfully sue you for that debt. However, state laws vary about which marriage partner is responsible for certain debts, depending upon when the debt was incurred, the identity of the debtor, or the purpose of the debt.
I suggest you consult with a local attorney who can review all the documents and facts involved.
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.
