Legal Question in Bankruptcy in California

Pre-marital debts are separate liabilities that the debtor does not transfer to his spouse by virtue of marriage. In the bankruptcy papers, your husband would be required to list your name as a co-debtor if you are jointly-liable on any of his debts. It sounds like you are uncertain whether you acquired any joint debt during your marriage. You should order a credit report to help determine what your actual liabilities are.

Asaph Abrams

www.bankonitsd.com

Disclaimer: the above as well as any information found on our Web site is not legal advice and should not be relied upon. It does not create an attorney-client relationship. Unilateral communications may be misconstrued as they do not address all facets, nuances, and particulars, or all means of addressing a situation. This is strictly my opinion provided for general informational purposes and it pertains to California law. Seek legal and other professional counsel before acting in relation to bankruptcy. It's worth the cost.

Since you are not husband and wife anymore, you cannot list your name in his bankruptcy petition. Only husband and wife can list together as jointly filing. You might be liable for community debts (example: debts under both names or debts under his name but incurred during marriage and both parties benefit from it) but not his separate debts (i.e, debts incurred before marriage and under his own name. Run a credit report first.