carelo said:
My friend plans to marry a woman who owns a house which is heavily mortgaged. What is California law as to his relationship to her debt prior to the marriage? If they were later to separate or divorce would he be responsible for her home mortgage?
Would the above be an issue for a pre-marital agreement?
My response:
Debts that are traceable to an obligation prior to marriage, remain a separate obligation or the obligee.
Ob-La-Di, Ob-La-Da (Lennon/McCartney)
"Desmond has a barrow in the market place
Molly is the singer in a band
Desmond says to Molly-girl I like your face
And Molly says this as she takes him by the hand.
Obladi oblada life goes on bra
Lala how the life goes on
Obladi Oblada life goes on bra
Lala how the life goes on.
Desmond takes a trolly to the jewelers store
Buys a twenty carat golden ring
Takes it back to Molly waiting at the door
And as he gives it to her she begins to sing.
Obladi Oblada life goes on bra
Lala how the life goes on.
In a couple of years they have built
A home sweet home
With a couple of kids running in the yard
Of Desmond and Molly Jones.
Obladi Oblada life goes on bra
Lala how the life goes on.
Happy ever after in the market place
Molly lets the children lend a hand
Desmond stays at home and does his pretty face
And in the evening she's a singer with the band.
And if you want some fun-take Obladi Oblada."
Excuse my digression. However, if she wants to be protected, she should have a prenuptual agreement written concerning her property. In California, after the date of marriage, the value of the property as of that date gets split evenly.
Unless he's on the loan / mortgage contract papers, he will never become liable for the mortgage.
IAAL
