Can creditors come after me if my x-husband defaults on his credit card? 8 Answers as of July 21, 2011

My husband and I are currently separted and live in CA. If he decides to file for bankruptcy, which he has done prior to our marriage. Will the creditors come after me. We have always had separate cards and never signed joint or even cosigned. I have never used his cards. If they can how can I protect myself as suing him would be a waste of time. He would not respond.

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Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
CA is a community property state, so any debt/ property acquired during marriage is debt/property of the community. If your husband (soon to be ex husband) filed bankruptcy prior to marrying you, then that debt is likely already to be discharged, which leaves only the debts left that were incurred during marriage. In a community property state, if only one spouse files, all community property (and debt) is considered part of the bankruptcy estate. This means that the debt will generally be discharged as to both you and your husband (soon to be ex husband), but if you own any property that you acquired during marriage, such as a car and /or a house, that will also be part of the estate. So, in order to protect any property you still have, you would need to determine if it falls within one of the exemptions, otherwise you may risk losing the property.
Answer Applies to: California
Replied: 7/21/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
If you haven't signed the credit card application or have never been authorized to sign on the account, there is very little possibility of being sued. However, in a community property state such as California a creditor might sue if there was a benefit to the community.
Answer Applies to: California
Replied: 7/19/2011
Carballo Law Offices
Carballo Law Offices | Tony E. Carballo
Although the debts might be community debts (depending of when they were acquired if you were living together then as husband and wife), the chances that the creditors will come after you are almost zero. I would not worry about it if you are not a joint debtor on the accounts.
Answer Applies to: California
Replied: 7/19/2011
Dan Shay Law
Dan Shay Law | Daniel Shay
CA is a Community Property state. All debt and assets acquired from Date of Marriage to Date of Seperation are community debt and assets. This means that the creditors can sue you for such debt. But, in practice it is rare.
Answer Applies to: California
Replied: 7/19/2011
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
nor for debts after divorce
Answer Applies to: California
Replied: 7/19/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    It depends on when the credit card was obtained, and when the charges on the card were made. If the card was obtained while you were married and you signed on the application, then you are obligated on all of the charges until you give the card issuer written notice of the separation. If the charges were made during marriage, whether or not you were a signatory on the card, you are also obligated under California law for what would be classified as a community property debt. If you are not on the card and the charges are post-separation then you are not obligated. payer.
    Answer Applies to: California
    Replied: 7/19/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Usually you would not have liability for your husband's or ex husband' debts. As long as the debts are not yours jointly then you are probably ok.
    Answer Applies to: California
    Replied: 7/18/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    If you never signed for them and never used them you should be ok. Dispute them if they show up on your credit report.
    Answer Applies to: California
    Replied: 7/18/2011
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