Married filing alone..do i HAVE to include spouse's debt?

[arami008]

Hi again it's me,

I have been wondering if i am legally obligated to list my husband's debt since i live in a community property state (CA). And if i do will his credit report show bk as well?

Some of my accounts have jumped over to his CR. How will those show on his credit report after BK?

Has anyone filed with a similar situation?

[JRScott]

Since it is a community property state you do realize they can just come after him for the debt right?

From a legal standpoint to protect yourself then yes you probably need to list his debts too.

I'd strongly consider filing jointly not singly, have you discussed this with a lawyer?

[arami008]

I did consult an attorney, as far as filing jointly well it doesn't make much sense because he only owes like 300 in credit cards. I was just wondering, but like you said if the whole community property state is to go after him for my debts and to include his income, well i guess then that it's probably not required to list his debt. right?

[Recessionist]

My understanding is that if judgments are entered in court, yes, they can come after community assets to satisfy the judgment. In a bankruptcy, they can look for community assets to liquidate to cover debts. However, if your husband is not a cosigner to the debts, and the debts were incurred prior to the marriage, once the debts are discharged in your bankruptcy, they have no further recourse to collect. However, I plan to discuss this further with MY lawyer also to be sure it really is safe for me to file alone.

To my husband's benefit, when we married (legally, in a court house) we chose what is called a "Confidential Marriage" which means when creditors do a public record search, they can't find out I am married. We also don't use the same last name.

[arami008]

My understanding is that if judgments are entered in court, yes, they can come after community assets to satisfy the judgment. In a bankruptcy, they can look for community assets to liquidate to cover debts. However, if your husband is not a cosigner to the debts, and the debts were incurred prior to the marriage, once the debts are discharged in your bankruptcy, they have no further recourse to collect. However, I plan to discuss this further with MY lawyer also to be sure it really is safe for me to file alone.

To my husband's benefit, when we married (legally, in a court house) we chose what is called a "Confidential Marriage" which means when creditors do a public record search, they can't find out I am married. We also don't use the same last name.

Smart move. I didn't even know you could do that. Well most of my debt i incurred while married, but under my name only.

[JRScott]

Recessionist they can do a white pages search for your address and determine you live together.....so don't think you are completely off the hook. Also during a deposition if you were asked you'd legally have to reveal you were married and to whom or you'd be committing perjury or obstruction of justice.

If the debt was occurred during the course of the marriage regardless of 'who's' name it is in it is a community debt not individual debt.

[Recessionist]

Oh, in a court action, I don't expect to hide that I am married - I wouldn't even try. And I am aware that debt incurred during or before a marriage can be collected from community assets, but only the signer of the debt has actual personal liability. The application of family law that relates to community property in a divorce does not always jive with the application of the business law of contracts - I learned that during the divorce from my first husband.

The phone is in my name only and the number is unlisted. Yes, there are ways that investigators could find out that I am in a shared household or married, but not easily, and none of my debts are large enough to warrant that kind of investigation. The confidential marriage and other things we have done have shielded my husband from being harangued by my creditors - but they are not a legal shield - just an obstacle to the creditors.