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Can my spouse be held liable for my federal restitution??

Irvine, CA |

I owe 100k + and my wife is the main income earner. I was just released and cannot pay my restitution. I have no assets my home is in foreclosure and upside down. Can P.O force me to provide my wife's financial info? What happens if my wife declines to produce info does it affect me?? What is the only way she can legally avoid this restitution?

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Attorney answers 3


I would think the answer is no, but I am not sure on that. You really need to speak to an attorney in person about this.


California is a community property state. That may affect the answer. Sit down with a California attorney and discuss not only whether the can after your spouse, but what can happen to you if the money is not paid.

[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]


Since California is a community property state, spouses are usually liable for the debts incurred during the marriage. There are exceptions to that general rule.

You should speak with a family law attorney who can provide advice on communal debt obligations.

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