In CALI what happens when you marry aspouse with debt?

[Clocker]

My wife before marriage had a lot of unpaid debt that I was unaware of. However after several I mean several years no one has tried to collect. I heard our assets could not be touched if one was married. In a sense the community liability starts with marriage and stuff before that does count but cant be collected. Does this sound right?

Clocker

 

[RDMustang1]

I don't live in CA, but you're saying that once you get married any debt cannot be collected on at all? there is no way that is true...

 

[StageLeft]

Yeah if thats true since i just got married we can write off my debt and my wife can write off hers. Sweet!!

 

[tm37]

They can attach any assests that SHE owns. This includes any thing that is joint owned. They cannot touch YOUR sole possions.

 

[Frenchie]

Although I am not licensed in Ca. (NJ and PA only...for now), I am familiar with the debt collection practices in most states. As far as I know, tm37 is correct. They can seize any and all assets that are titled in your wifes name. They can also petition the court to partition any property titled in marital name and then seize your wife's half. They cannot touch assets titled in your name alone or your half of the joint assets. An exception may be any transfers of property from your wife to you that were for made less than fair market, as this may be seen as a fraudulent conveyance, and the transfer may be undone by the court to allow the creditor to seize that asset.