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A comment on U.S. seeks 15 years for Elizabeth Holmes over Theranos fraud. Parent comment

Re:U.S. seeks 15 years for Elizabeth Holmes over Theranos fraud by hn_throwaway_99 on Saturday November 12, 2022 @01:57PM (#33575896)
Generally, no, especially debt that occurred before the marriage.

That said, California is a community property state, which means that income and debts that are incurred during the marriage are considered the joint property of both spouses. Again though, Holmes debt and her husband's wealth were acquired before their marriage, so in that case it's easy to keep these separate.

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Re:U.S. seeks 15 years for Elizabeth Holmes over Theranos fraud by FireBeyond on Saturday November 12, 2022 @02:26PM (#33576188)
> Holmes debt

Is only being incurred now, at the verdict.

> husband's wealth

Acquired before marriage, and would have to have been mind bogglingly stupid, knowing the risk of a liability finding, not to protect that with a prenuptial.

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Re:U.S. seeks 15 years for Elizabeth Holmes over Theranos fraud by hn_throwaway_99 on Saturday November 12, 2022 @02:41PM (#33576298)
> Is only being incurred now, at the verdict.

IANAL but that's generally not how it works. The timing of when the debt was incurred here would be considered when the conduct occurred that resulted in the verdict.

> not to protect that with a prenuptial

Would probably want a prenup for other reasons, but wouldn't be necessary here. Just need to ensure his pre-marriage assets weren't commingled with community property during the marriage.

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Re:U.S. seeks 15 years for Elizabeth Holmes over Theranos fraud by HyperSane on Saturday November 12, 2022 @04:50PM (#33577459)
Is the fact that he married and had a child with Holmes evidence that he is in fact "mind bogglingly stupid"?
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Re:U.S. seeks 15 years for Elizabeth Holmes over Theranos fraud by compsciphd on Saturday November 12, 2022 @02:32PM (#33576237)
if her husband is a beneficiary of a trust (i.e. as I'd assume many heirs are). would any future disbursements (if they exist, there might be none) be considered 50% hers and hence have to the settlement?
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Re:U.S. seeks 15 years for Elizabeth Holmes over Theranos fraud by hn_throwaway_99 on Saturday November 12, 2022 @02:41PM (#33576304)
No
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Re:U.S. seeks 15 years for Elizabeth Holmes over Theranos fraud by narrator on Monday November 14, 2022 @08:19PM (#33603988)
No, that's separate property. That's his as long as trust funds are not commingled with community funds.
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