I'm suing a person in small claims court in California for money owed and he has no assets or money, but his wife does. Is she responsible for his debt and should I include her in the lawsuit?
Answer
Spouses are not responsible for each other's debts. If you sue the husband and get a judgment it is possible that you may be able to collect from his interest in their joint assets.
Kind regards,
Frank
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Answer
Mr. Natoli apparently does not understand community property law. While he is correct that her separate property is not reachable to satisfy her husband's debt, community assets are reachable, even if they are held in only her name. Also debts voluntarily taken on during the marriage are community debts. That does not, however, mean you can sue her directly, unless she too is personally liable. So, for example, you can't sue her for a car accident her husband caused, even though you could reach a bank account in her name that her paychecks are deposited in, because her pay is community property. So you would sue him and then collect against the account. If it is a straight debt, however, you can sue both.
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