Legal Question in Family Law in California
My wife owes money to a bank in the sum of approx 5000.00. This was for a credit card. She opened the account as a joint account with my name on it as well. However, when she brought home the signature cards, I refused to sign them and told her I did not want to be placed on the account. Well apparently they kept my name on the account anyways, even though I never signed nor ever used the account in any way.
They are now coming after me as my wife is nowhere to be found. They want me to pay the debt, but I have told them I never signed anything to be placed on the account. They then informed me that whatever my wife owes, I owe. Is that the law in California where we opened the account and also where we were married? I am now living in Hawaii where they are pursuing me.
We have been separated for years but are still legally married due to the fact that I don't know where she is and haven't filed for divorce.
Bottom line, am I liable???
1 Answer from Attorneys
Bottom line: Yes. The dark side of community property law is that it goes for liabilities as well as assets, meaning no only are marital assets community property, debts incurred during the marriage are community debts.
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