Will one spouse be liable for the debts incurred by the other spouse before marriage at the time of property division during divorce?
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?
11/24/2016 |
Category: Divorce » Property Set... |
State: California |
#27126
Answer:
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.