Legal Question in Bankruptcy in California

My Husband is considering filing Bankruptcy. We have been married under 1 yr. All the debt that he is filing for was all aquired by him BEFORE we were married. I have no debt (or none that is more than I can handle) I worry that since we are married that when he files that they are going to try to come after me for money that he is trying to file on. Can they do that if the debt is in HIS name only and was aquired before we were married. I am not filing. Will my credit be affected and can they come after me for money that he is filing on?? Thanks so much...


Asked on 1/12/10, 10:30 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

It should not be a problem, and it should not appear on your credit report. The bankruptcy, however, will take into account the entire household income and expenses, to determine whether he qualifies for a Chapter 7.

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Answered on 1/17/10, 10:41 am
Asaph Abrams Law Office of Asaph Abrams

I certainly concur. This is a favorite topic of mine and I like to expound (or perhaps digress). You are not liable on your husband's pre-marriage debts; they are his separate debts. Interestingly, even if a separately-filing spouse has debts acquired after marriage-- whether in his name only or even in both spouses' names-- creditors cannot collect from the non-filing spouse on debts covered by the filing spouse's bankruptcy. The bankruptcy (discharge) shields the community (meaning both husband and wife) as long as they remain married.

I hope this is helpful, however certainly you should seek counsel in your district. Bankruptcy representation is one of the most sound investments in terms of cost and benefit. Note this opinion applies to California law and should not be relied upon by debtors in other states.

P.S. Congratulations on your recent nuptials.

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Answered on 1/18/10, 9:33 am


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