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HI. My husband has borrowed a lot of money lately from friends and family. Am I responsible for the repayment of theses loans?

Topanga, CA |

I have rescently inherited a monthly income from my Father's estate, can that be attached? Can any of the people he borrowed money from come after me?
Thank you,
Kelly

Attorney Answers 4


  1. What's the borrowed money be used for? Is it being used to enhance, improve, or otherwise pay for a community asset?


  2. California is a community property state and each spouse is liable for the debts of the other spouse. However, in terms of what creditors can collect from you, such as the result of a judgment, certain assets are exempt and others are not considered part of the "community" and therefore remain separate property and cannot be attached for community debt. One such separate property asset is an inheritance, so long as the inheritance money is kept separate by you and not comingled with community funds in a community account. It might still be exempt in that situation, but more difficult to prove.


  3. If you did not sign anything obligating you on those debts, they are not your debts absent a family or probate court order awarding them to you. Your community income, however, IS available to pay his debts. Fortunately, your inheritance income is not community income.


  4. If you signed the loan documents then you are also contractually obligated to pay the debt along with your husband. If you did not sign the loan documents then you may still be partially liabile if these are considered community debts. Your husband should consider filing for bankurptcy. If you also have debts in your name you should consider filing a joint bankurptcy. Put the estate money in a segregated bank account that your husband cannot touch.

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