Legal Question in Credit and Debt Law in California

Re: credit card financial responsibility

You likely would be, unless you and your wife sign an agreement to the contrary, and the person/institution giving her the credit agrees to hold her responsible only. Otherwise, the community spouse is usually also responsible for the debt if the purchases are shown to benefit "the community," or both spouses.

Re: credit card financial responsibility

In a word, YES. Under California Community Property law, each spouse is liable for one-half of a community property asset or debt, even one that was not ratified, authorized, or in the name of the other person. Additionally, any community property assets, such as wages or joint accounts, that are used to pay an account that was sole property may have the effect of "transmuting" a sole property asset into a community property asset, through the co-mingling with community property assets.

This answer would be different if, for example, the couples had a pre-marital agreement, specifying that any debts solely in the name of one person are not community property debt, regardless of what is used to pay the debt, or if the couple went through a divorce, where typically, a marital settlement agreement may state that "each party is to take the debt in their own name", thus making the debt sole property, and not community property, once the divorce is final.

I hope this answer helps, but if you need clarification, or have questions, please feel free to email me at [email protected].