Spouses debt

My husband is stating he owes back money to a company he does business with.
However he has not gotten a bill yet indicating he owes. If I file for separation or
divorce before he ‘officially’ incurs this huge debt am I still liable for his debt?

Thank you

Asked on May 31, 2016 under Family Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A spouse is liable for the other spouse's debts incurred during marriage because the debt is community property.  The fact that the bill hasn't yet been received is irrelevant since the debt was incurred during marriage.
A spouse is NOT liable for the other spouse's debts incurred prior to marriage or after the marriage ends (separation with no intent to reunite or divorce) because the debt is separate property.


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