Do I become liable for my fiancee’s lawsuit after we marry?

Get Legal Help Today

 Secured with SHA-256 Encryption

Do I become liable for my fiancee’s lawsuit after we marry?

My fiance had a car accident in Nevada, and we don’t know yet if the other party plans to sue her to recover physical damages in excess of her insurance coverage. I understand that in Nevada they have two years to decide. When we marry, am I liable for her debt?

Asked on August 16, 2016 under Family Law, California

Answers:

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

Answered 4 years ago | Contributor

In California you are NOT liable for your spouse's pre-marriage debt because that is her separate property.
Separate property is income, debt, property acquired prior to marriage. 
If the debt had been incurred during marriage, it would be community property and you would be liable.  Community property is income, debt, property acquired during marriage.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption