Legal Question in Bankruptcy in California

Re: Protecting my spouse

If the debt was incurred prior to marriage, the creditor has no rights against your husband regardless of whether you file bankruptcy or not.

Re: Protecting my spouse

Thank you for your posted inquiry.

As Mr. Markus suggested in his answer, all debts incurred AFTER the date you were married, are community property, and if you file bankruptcy, a creditor has no right to go after you, but can go after your spouse for 1/2 of any community property debts. This assumes that you don't have a prenuptual agreement that might otherwise change what is community property.

Having said that, even though the law allows creditors to do this, it is rare. You should look carefully at all debts you've incurred after the date your were married, and see if your husband has any exposure.

I hope that this information helps, but if you have more questions, need more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in anyway that I can.

Re: Protecting my spouse

Even though your husband was not a co-signor on the debts, he will be legally liable for the debts incurred after your marriage. These debts would be considered community debts and he would be legally responsible for one-half of these debts.