Q: Can my soon to be ex husband's creditor's come after the property I am to receive from our community property?
It depends on when you and your soon to be ex husband separated. You should be okay if your date of separation was prior to your husband’s debt collector coming after him. Look at the date of separation that is noted on the first page of divorce petition and/or on the response to the divorce petition. You should be fine if the date of separation was before the creditors starting going after your husband.
In addition, you should be protected if you and your husband signed a marriage settlement agreement dividing up the community property assets and debts prior to the action by the collection agency. However, your husband must have agreed to take responsibility for the debt in the agreement in order for you to be protected.
Are you considering divorce? Make sure that your California divorce agreement takes into account the needs of your autistic child. To learn more, contact The Law Offices of Paul H. Nathan at 415-341-1144 and ask to speak with a California divorce lawyer.