Husband ran up debt in his own name

Submitted by jofinearts on Wed, 02/10/2010 - 01:31
Forums

I live in California and my husband ran up a bunch of credit cards in his name only. I do not use his last name and have never been a co-signer on his cards. Some are starting to sue him and after they get judgment, can they make some type of motion to pull me into their collection process since California is a community property state? The cards are in his name, we've never had any joint accounts and in fact, I use my maiden name not his last name. Everything has always been kept separate and I had no idea until the creditors started to call that big trouble was coming. He now has no job or income and the cars are in my name and the house is in my name and he signed a quit claim. Can the credit card companies involve me in any way?

Hi Jofine,

As California is a community property state, the wife who may not have been a co-signer in the accounts, is also required to pay if the husband owes any debt.

However you are not responsible for any debts incurred by your husband before marriage. Under community property law both the husband and wife are required to pay off debts that have been incurred only 'during' the marriage.

So it is better to contact the creditors and the collection agencies and settle the debt amounts or request them for account re-aging. Otherwise if they get a judgment they can garnish your wages and bank accounts.

Wed, 02/10/2010 - 07:02 Permalink

Yes they can get money from you but it can take that you can use to settle as many debts as possible.

Wed, 02/10/2010 - 12:20 Permalink