Legal Question in Bankruptcy in California

Debt spousal liability

Due to high credit card debt and a bad real estate market, I cannot use my home to pay off my bills or service the debt and meet current expenses. If I get a divorce before filing for bankruptcy, can my creditors still go after my wife? I know that if I go BK while married, my wife would have to file as well to avoid being chased by collection agencies. Does the divorce have to be finalized before filing Chapter 7 (I believe I qualify)? Or can I file BK as soon as I file for divorce?


Asked on 2/07/08, 1:12 pm

1 Answer from Attorneys
Linda Klinger Klinger Law Center

Re: Debt spousal liability

Debts incurred while married are considered community debts in California. Divorce will not change the nature of the debt in the eyes of the creditor. If you declare bankruptcy and it was a community debt the creditors are entitled to try to recover from your wife, though you may assign responsibility for the debts as part of your divorce settlement. You should consult either your divorce attorney or a bankruptcy attorney for more details.

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Answered on 2/07/08, 3:34 pm


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