Legal Question in Credit and Debt Law in California

Re: massive debt taken out by husband without consent

Thanks for your inquiry. To answer your question directly, yes, you have recourse. Although any debts incurred after marriage are considered community property debts, even under community property, you are only responsible for 1/2 of the debt. You didn't give details about your situation, or the amount, but if you are divorcing, you can make as part of the dissolution decree that he will be responsible for this debt solely. You can then send that decree to the credit reporting agencies, or the original creditors, and have correct information reported.

You can also negotiate with the creditors to remove inaccurate information, if that is appropriate (and it may be). I would also recommend challenging information through the credit reporting agencies. They do not yet ( I assume) have a community property debt certification from a court, so they will be hard pressed to prove that you either signed anything or are somehow responsible for this debt.

Finally, as a last resort option, if you declare bankruptcy, you can absolve any liability for this debt, and other debts you may have.

I hope this helps, but please feel free to email me directly at [email protected], if you have any other questions. Best of luck.