Can my wife and I sign an agreement to have our debts and income treated separately to remove each other from the liability of one another?
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Can my wife and I sign an agreement to have our debts and income treated separately to remove each other from the liability of one another?
We live in a community property state and have been married 2 years.
Asked on August 11, 2012 under Family Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the laws of all states in this country, you and your wife can enter into a post nuptial agreement between the both of you to have your debts and income treated separate and apart from each other. I suggest that you have a family law attorney draft such an agreement.
You need to be aware that such an agreement is not binding upon creditors of you and your spouse concerning debts incurred during your marriage.
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