Legal Question in Credit and Debt Law in California

As you probably know, California is a Community Property state, meaning that all property acquired during the marriage is equally owned by the married couple. The same is generally true of debts, depending on what type of debts were incurred. For instance, if the credit cards were used to purchase food and other household items, the debt is a community debt and the community assets are responsible for the debt.

Now, in your case, the creditor can sue your wife for the debt and maybe also the community assets. But, since you are not a signatory of the account, and presumably you did not use the credit card, the creditor cannot sue you individually for the debt. Meaning, any separate property cannot be attached by the creditor to satisfy the debt.

You have asked a complicated question with many variables. Unfortunately, the answer is similarly complicated. I hope I have answered your question sufficiently.