Legal Question in Bankruptcy in California

Re: Community property

Well, you have asked at least two different questions. First as to it affecting the credit rating, to the extent a credit reporting agency utilizes joint credit, i.e. both social security numbers, etc., then the credit rating of the two could be affected, although by far less a degree than if both spouses filed bankruptcy together. If there were no joint debts and no joint credit, then in all likelihood, the nonfiling spouse's personal credit should remain unchanged. As to your other question, the non-filing spouse's liability is determined by state law, not bankruptcy law. If they were liable before bankruptcy, they are liable after bankruptcy. However, even if they are liable after bankruptcy, as long as they remain married, the creditors can not go after any of the non-filing spouse's community assets (i.e. income, etc.) but could go after any separate property assets (if liable).