What are my rights and protections froman ex-wifeif I decide to marry her former husband?

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What are my rights and protections froman ex-wifeif I decide to marry her former husband?

I want to know about marrying someone who has been divorced and has kids. The ex-wife has supposedly remarried. I have good credit, never married, and no kids. I want to be protected in all aspects related to a vindictive ex-wife: credit and financial. What are my rights and protections from this ex-wife if I decide to marry to the guy? How can I protect my assets and my credit?

Asked on March 29, 2011 under Family Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Well there is no 100% protection in a community property state per se but talk to an estate planning attorney and family law expert and discuss keeping your property you already have separate. The problem comes from commingling accounts and also from the fact that unless you have some sort of prenuptial agreement concerning your marriage, all assets acquired post marriage are considered community assets and the same for liabilities. In California, if your spouse doesn't have enough to pay the child support, you may find yourself in a situation where your wages may come into play.  You may not be 100% protected so you need to talk to the people I mentioned and then decide if you are willing to still get married.


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