Legal Question in Credit and Debt Law in California

Unfortunately, even if those cards are only in his name, if he used them since your marriage for things that are for his necessaries of life or benefited both of you, then you are also liable for those debts. The creditors could sue you, get a judgment, and go after community property first (assuming you both have community property here in CA, which you probably do), then go after your separate property (if any). On the other hand, you would not be liable for debts charged to those credit cards that were non-necessaries of life or only benefited him, such as for example, cash advance for gambling debts. In that case, only the two of you's community property can be seized to pay off any judgment, but not your separate property.

You're not liable for his debts after he moved out and living separate and apart from him even if they are necessaries of life.

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