IS WIFE’S SOLE AND SEPARATE PROPERTY LIABLE

FOR HUSBAND’S DEBT SHE HAD NOTHING TO DO WITH?

This case is a recent case of mine that is remarkably interesting. Any married couple will find it interesting. Why? Just look at the facts of the case:

Spouses were married to each other in October of 2007. Two months before marriage, they went to a lawyer and executed a prenuptial agreement. This agreement said that each party’s income during marriage would be his or her own, that the other party would not have any ownership interest in the income or asset of the other party, and that any account in the name of that person alone would be conclusively presumed to be owned by that person alone. The agreement was 15 pages long and covered every possibility. In effect, both parties agreed to have no community property interest in the income or asset of the other party during their marriage to each other.

Having reached this premarital agreement before marriage, they both thought that everything would be smooth sailing during marriage.

In 2014, husband put up a restaurant and signed a commercial lease by himself. Wife did not sign the lease agreement and had nothing to do with the restaurant. Wife was working full time with a large financial institution. So, her income, which was six figures, belonged to her alone, while the restaurant and the income therefrom belonged to husband himself.

After a year, in 2015, husband sold the restaurant to a third party. The third party continued paying the lease and continued paying the commercial lease. After six months or so, the third party sold the restaurant to another party who paid the lease for only 3 months. After 3 months, the new restaurant owner stopped paying for the commercial lease. Since husband was the only one liable on the lease, the landlord sued husband for breach of contract to collect unpaid lease of $60K. Husband did not pay the judgment and left it unpaid up to 2025 by which time the judgment had become $260K including interest. Landlord then placed a judgment lien of $260K on the residence of spouses, and a notice of lien on the sole and separate rental property of wife, and to make matters worse, creditor levied the sole and separate bank account of wife!

If you analyze the facts carefully, what makes them interesting is that wife did not sign the lease, their premarital agreement says the restaurant belongs to the husband alone, and wife’s income belongs to her alone, and more importantly, the premarital agreement states that the bank account of wife being only in her name alone is conclusively presumed to be owned by wife alone.

I represented wife in claiming an exemption from the bank levy on her account.

The matter was in Superior Court and fortunately, the judge in this case had an open mind. Creditor argued that the bank account of wife was liable for the judgment because the commercial lease is a community property debt. Creditor further argued that even if the account were the sole and separate account of wife, comingling with community property assets had occurred which transmuted or converted her bank account into community property.

We argued that if there was comingling, it would be insignificant and therefore her bank account remained her sole and separate asset. We further argued that even if she is liable on the commercial lease without her signature on it, only her community property asset would be liable for repayment but her sole and separate bank account could not be made to pay for the judgment.

To make a long story short, it became a complicated case that even the judge wanted briefs and supplemental briefs from both parties with several hearings. We had to make supplement briefs to the supplemental briefs!

Finally, at the end of September the court held a final hearing, taking into account all the briefs, supplemental briefs, and oral arguments, and ruled in my client’s favor saying that her bank account was her sole and separate asset and could not be made to repay a community property debt!

Thank you, Jesus, Blessed Mother Mary, Queen of heaven and earth and mother of God, and God the Father almighty for this extremely sweet victory for my client!

Now, we will proceed to wipe out the husband’s judgment of $260K against him and remove the judgment lien on their residence and the rental property of wife. This will be the next chapter of this saga.

If you need debt relief, please contact my office and I will analyze your case personally.

Disclaimer: None of the foregoing is considered legal advice for anyone. There is absolutely no attorney client relationship established by reading this article.

PPRAYING ALWAYS HELPS

It also helps to pray to our God, His Beloved Son, Jesus Christ, and the Blessed Mother Mary for divine protection against financial problems, because we have a God who loves us and His Beloved Son, Jesus Christ, showers us with infinite mercy.  All we must do is humble ourselves and pray to the Sacred Heart of Jesus for a drop from His ocean of infinite mercy.  Jesus revealed in 1930’s to Saint Maria Faustina Kowalska of Poland that all sinners which we all are and those who do not believe in God and those who do not yet know Jesus, should all be brought to His Sacred Heart and be submerged in the ocean of His infinite mercy, for the sake of His Sorrowful Passion.  Anything you ask for, when you pray the chaplet for His divine mercy will be granted, if compatible with His will.  Moreover, you are guaranteed a peaceful death.

What is the current proof that God and Jesus are divine and all powerful?  I refer to Exhibit A, the incorruptible body of Carlo Acutis!

Exhibit A

CURRENT ONGOING PHYSICAL PROOF GOD IS ALMIGHTY

INCORRUPTIBLE BODY OF CARLO ACUTIS DIED 2007 AT AGE OF 15

Look at the incorruptible body of saint Carlo Acutis who died at 15 in 2007. You can look at his body in Rome, Italy, now 14 years after his death. He looks like he is just asleep in his jogging suit and rubber shoes!  That is a perfect example of an ongoing sign on earth that the God of Moses, our God, my God, is almighty and all-powerful that He even suspends the natural laws of biology and physics without any effort. He resurrected His one and only beloved son from death on the cross. Indeed, He has power over death.

I have thought, “What would the other religions believe if they saw the incorruptible body of the blessed Carlo Acutis? I think even Buddha, if he were alive today, would believe that Yahweh is the one True God.” No need to think about reincarnation and nirvana because his incorruptible body is available for all to see in Rome, Italy. We will not need any kind of explanation on the efficacy of modern-day mummification. Come on, man, which is all bull. The truth is in plain sight. Believe your own eyes that the one true God is all-powerful, and His name is Yahweh, “I am who Am.” He is the alpha and the omega, the beginning, and the end.

Exhibit B

MORE ONGOING PHYSCIAL PROOF GOD IS ALIMGIHTY

ADDITIONAL ONGOING PHYSICAL PROOF GOD IS ALIMIGHTY: INCORRUPTIBLE BODY OF ST. BERNADETTE IN NEVERS, FRANCE WHO DIED  146 YEARS AGO BUT HER BODY STILL REMAINS FRESH TO THIS DAY. I SAW HER INCORRUPTIBLE BODY 50 YEARS AGO. AND INCORRUPTIBLE BODY OF ST. CATHERINE LABOURE IN PARIS, FRANCE. WHO DIED 150 YEARS AGO AND HER BODY STILL REMAINS FRESH TO THIS DAY! I’VE BEEN TO PARIS 3X IN THE PAST 40 YEARS BUT HAVE NOT SEEN HER INCORRUPTIBLE BODY BECAUSE I ONLY FOUND OUT ABOUT HER INCORRUPTIBLE BODY LAST MONTH, JULY 2025. OUR BLESSED MOTHER MARY, MOTHER OF THE ONE TRUE GOD, TASKED HER WITH THE DESIGN AND DISCLOSURE OF THE MIRACULOUS MEDAL OF MARY TO THE WHOLE WORLD. MANY PHYSICAL AND SPIRITUAL HEALINGS SINCE THEN HAVE BEEN ATTRIBUTED TO THE MIRACULOUS MEDAL OF MARY WORN AROUND THE NECK.

“ETERNAL FATHER, WE OFFER YOU THE BODY, BLOOD, SOUL AND DIVINITY OF YOUR DEARLY BELOVED SON, JESUS CHRIST, OUR LORD AND SAVIOR, IN ATONEMENT FOR OUR SINS AND THOSE OF THE WHOLE WORLD, FOR THE SAKE OF HIS MOST SORROWFUL PASSION, PLEASE HAVE MERCY ON AMERICA AND THE WHOLE WORLD.”

Lawrence Bautista Yang is a graduate of Georgetown University Law Center and has been in Law practice for forty years. He specializes in Bankruptcy, Business and Civil Litigation and has handled more than five thousand successful Bankruptcy cases in California. He speaks Mandarin and Fujian and looks forward to discussing your case with you personally. Please call (626) 284-1142 for an appointment at 20274 Carrey Road, Walnut, CA 91789 or 1000 S Fremont Ave., Mailstop 58, Building A-10 South Suite 10042, Alhambra, CA 91803.