Marriage/Divorce/Community Prop.

[PoorInCA]

I know this subject has been touched on in the past and there probably are not any clear cut answers - rather what remedy is available to debt collectors vs. what they attempt to persue.....

Anyways - I am in California, married, currently legally separated, preparing paperwork for divorce proceedings. I'm not in a terrible rush to file, as it doesn't really affect me at this juncture in my life. My credit card debt is solely in my name and the CC's might not even know I am married - never any joint applications, spousal income included, blah blah blah. My house is in my name only, as single woman and all utilities are in my name. Obviously they will find out that I am legally married once I file bk with a status of legally separated and he is not included as well.

Question - if I am still married at the point of discharge, does that protect him as well? He currently does not own any real property, but is considering buying a house in the next six months. With this potential threat against him, I am advising him to purchase his house within his Corporation (he is a contractor). Could my debt loom over him forever for his community property share? While I don't really like him, I wouldn't wish that burden on anyone....

Thanks!!!

M

Citibank - $28k
Chase1 - $19k
Chase2 - $6K
JCrew - $2k
Nissan Lease - $15k
Wells 2nd - $45k

[whipster1]

It does protect him till you divorce, then they will pursue him. I'm in TX and my STBXW and I did a joint filing to rid all "community" debt even though most of it was in my name only. After discharge the D papers get filed.

[AngelinaCatHub]

It does protect him till you divorce, then they will pursue him. I'm in TX and my STBXW and I did a joint filing to rid all "community" debt even though most of it was in my name only. After discharge the D papers get filed.

This is true. I cosigned (like a fool) for a friend who defaulted. My debt of the same amount was discharged, he got a Judgment (for what's it worth). 'Hub