
Debt collectors are calling. but whose debts are they? Are you personally liable? The extent of your personal liability depends on numerous factors, some of which relate A) the State you live in, B) your current marital status, C) your tax filing status, D) if you own a business, how your business is structured, and E) whether you personally guaranteed any of these obligations. A) Regarding the State, California is a “Community Property” state. That means that generally (There are exceptions to everything) you and your spouse share all assets and liabilities. B) Therefore, if you are married and live in California, your assets and liabilities are equally shared. (Again, there are exceptions to this rule). C) Unless you and your spouse file separate tax returns, a joint tax return tends to support the argument, that you do indeed live in a “community property” estate. D) If you own a business, your personal liability will depend on how the business is legally organized. E) If the business is a proprietorship, meaning it is not incorporated, all business debts are considered to be personal debts. If the business is incorporated, but you have signed a personal guarantee for a business obligation, you will be held personally liable for that specific obligation. To the extent you live in a community property estate, your spouse, while not liable, cannot protect community property assets in the event of a lawsuit. Clearly, discussing all of the above issues with an attorney experienced in these issues, Read More …








