Legal Question in Bankruptcy in California

Impossible to say without a long in-person talk with a bankruptcy lawyer.

Assuming your husband does not file with you, it gets complicated because a determination of what part of the equity is community property is required. You might need to have a family law attorney give you an opinion of what portion of the equity is community property. The length of your marriage is important and also whether your finances were handled separately or together during the marriage as well as how long before the marriage your husband bought the property and its value when you got married and now. California community property law controls the determination of what is community property. It would be the amount you would be entitled to receive if you were to get a divorce now. A bankruptcy lawyer will need an opinion from a family law attorney. Even if you are unemployed and filing by yourself the income of your husband has to be considered to determine your eligibility for bankruptcy.

As long as you were not added to the title, the house is his sole and separate property ... it is not community property. However, there would be a community property interest depending on how much community funds went to pay down the mortgage after you were married (keeping in mind that, absent a prenuptual agreement, all of his earnings (and yours) after marriage were community property). It is likely that your homestead exemption would protect whatever amount that is; so bankruptcy would be an option as long as you file by yourself.