Will my husbands bankruptcy affect my credit? 2 Answers as of April 14, 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 CA board of equalization taxes, 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 question is: what qualifies as community property? Proceeds from my businesses that he doesnt own? Cash in my personal bank accounts that he is not on? my real estate?
Law Office of Eric Ridley | Eric Ridley
In general, separate property is that which you brought to the marriage, and which you did not commingle with community property. Under the facts you present here, your bank accounts would be community property, and so would your business, unless you brought it into the marriage, AND your husband is 100% uninvolved in the business. Real estate acquired during the marriage is presumed to be community property, unless it was purchased with separate property funds.
Answer Applies to: California