Notice of Non-Responsibility for Debts or Liabilities Contracted by Spouse
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FAQ
You are not legally responsible for your partner's debts unless they are joint debts or you have acted as guarantor. It doesn't matter whether or not you are living together nor whether you are married or even if you own a house together although that latter situation can get pretty complicated.
Since California is a community property state, the law applies that the community estate shared between both individuals is liable for a debt incurred by either spouse during the marriage. All community property shared equally between husband and wife can be held liable for repaying the debts of one spouse.
Implications of Sharing Debt in Marriage If you've co-signed a debt or opened a joint account, late or negative payments could affect both your credit reports and scores. And you could both be sued for an outstanding debt, regardless of whether you live in a community property or common law state.
Under California law, if a property owner has rented out a property to a tenant, and then the tenant contracts with a construction company to improve the property without the owner's consent, the property owner has ten days to file a notice of non-responsibility with the county clerk's office and post it at the
Since California is a community property state, the law applies that the community estate shared between both individuals is liable for a debt incurred by either spouse during the marriage. All community property shared equally between husband and wife can be held liable for repaying the debts of one spouse.
There are ways to protect yourself from the debts of your spouse that are accrued during the marriage. The easiest way is to make sure your spouse signs a prenuptial agreement prior to marriage, but you should not try to do this on your own. Prenuptial (premarital) agreements are complex documents.
Usually, a person is responsible only for his or her own debts. However, if both you and your spouse signed for the debt, then the creditor can usually come after either of you to get payment.
