Legal Question in Bankruptcy in California

Any debts incurred while you were married are technically "community debts," and whether your name is on them or not, technically you could be held liable for his debts. I am not clear on what you are asking in the second sentence of your post, however, (though I am not a family law attorney), my understanding is that in a legal separation or a divorce, the court can apportion financial responsibility for debts. Bankruptcy combined with divorce is getting to be a pretty common practice these days, as you eliminate one of the issues people fight over in divorces - who gets the debts.

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