Will my husband's bankruptcy filing be on my credit history? 1 Answers as of April 11, 2011My husband incurred personal and business debts (for sole proprietorship) before we were married (including a judgment for a car loan, a judgment for unpaid sales taxes to CA Board of Equalization, some credit card debt and foreclosed property). We have always had separate bank accounts and credit cards, I am not listed on any of his debt and he's doesn't own any of my assets. The first question is: If he files for bankruptcy for debts incurred before we were married that I am not listed on, will this affect me? I have been told my many attorneys that I am not responsible for his debts but recently heard about family law section 910 a from Board of Equalization when they put levy's on my separate personal bank accounts that dont even belong to him. This code states that community property can be used to pay debts that were incurred Before or during marriage, so I guess the second is: what qualifies as community property? Proceeds from businesses that he doesnt own? cash in my personal bank accounts that he is not on? my real estate?
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
California is a community property state. The State Board of Equalization can attach your bank account. Under some circumstance you can object to this, but it is difficult. It is called the "innocent spouse rule." You would have to prove you knew nothing about his business and recieved no benefit from it. Everything is community property: Example. You own a home before marriage. During the marriage community funds are used to pay the mortgage. The community gains a small interest the home every time that happens. You income is community property becuse you earned it during the marriage.
Answer Applies to: California