Legal Question in Family Law in California

If that is the ONLY thing the HELOC funds are used for, you would probably be able to obtain an order in a divorce that the debt is owed solely by her when the assets and debts are divided up. As between you, her and the lender, however, divorce orders are meaningless, because the lender is not a party to the divorce and not subject to the divorce court's jurisdiction (not to mention the constitutional issues regarding impairment of contracts). So as between the three of you, you would remain jointly and severally liable for the debt until it is paid off. This is why it is essential that if at all possible an order allocating debt to one spouse also require that spouse to refinance into only their own name. That is the only way to get you clear of the debt.