October 27, 2009

what that it mean that california is a community state?

funny asked:


i have been living with my boyfriend for more then 10 years but, we’re not married . if i don’t pay my debts does he have to pay them? what if we decide to file bankrupsy?

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7 Comments

  1. In California there is no such thing as “common law marriage”. You are on shakey ground getting him to pay your debts unless his name is on the note. You will have to file separately.

    Comment by bigjohn B — October 28, 2009 @ 8:20 pm

  2. California is a “community property” state. What this means is that if you were married and one of you died (with out a will) the surviving spouse would be entitled to all of the property.

    Your debts if they are all in your name alone can not be collected from your live in boyfriend, nor can you be forced to pay his if your name is not on the note.

    If you both decide to file bankruptcy you have to do it as individuals, if there are common debts (both names on the note) you each must list it on your bankruptcy papers. Either of you can file alone, your boyfriend would have to pay for anything on a joint account.

    Comment by justgetitright — October 30, 2009 @ 1:23 am

  3. You probably mean to ask “community property state.”

    That means that when you get married, all of your property and your husband’s property is considered combined, so if you get divorced, you have to figure out how to split it. And it doesn’t matter very much whose name is on the bank account, or who bought the car, etc…it’s all shared.

    But none of this matters if you are not married. If you don’t pay your debts, your boyfriend does not have to pay them. If you file bankruptcy, it has no effect on him either.

    Comment by Lux et Veritas et Veritas — October 31, 2009 @ 5:19 pm

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