Legal Question in Credit and Debt Law in California

That depends on a great many factors and what you mean by "responsible." For example, you cannot be held legally responsible for debts incurred before you were married, but unless you keep your income in a separate account with no comingling with his income or funds, your income can be attached to pay the debt because of his community property interest in it. Credit card debt incurred during the marriage is community debt and you are jointly legally responsible, no matter whose name is on the account. There are too many other variations and rules to list them all here.

As indicated above the rules on 'responsible' are really complicated. If you or your spouse is considering BK, the credit card debt incurred during marriage is community property. If you were to file for BK, even without your spouse on the petition you could discharge the credit cards if they were otherwise dischargeable.

Dawn R. VanHorn

Attorney & Counselor at Law

www.VanHornLegal.com

(714) 396-4152

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The foregoing has been written by Dawn R. VanHorn, Attorney & Counselor at Law. If the designated recipient(s) of this communication have not fully executed a retainer agreement engaging Dawn R. VanHorn and/or VanHorn Legal relating to the subject(s) of this electronic message nothing herein constitutes nor is intended to be legal advice and as a result should not be relied upon as such.