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 isn’t responsible for the other’s debts if the accounts are individual, and the spouse isn’t an authorized user, guarantor, or co-signer. However, in community property states, a non-debtor spouse's assets could still be at risk. For instance, creditors may pursue jointly held assets, like a shared bank account, in cases of bankruptcy or litigation. If your spouse defaults on a joint debt, creditors might sue you for that amount. Laws vary by state regarding debt responsibility based on when the debt was incurred and the identity of the debtor. It’s advisable to consult a local attorney to review your specific situation and documents.
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.