No, you and your husband can make independent decisions about wether to file for BK.
As far as your home mortgage is concerned, the lender has a security interest in the house, so that if either of you default on the loan, they can foreclose on the house. If you do not want to rsik losing your home, you may want to read the loan contract and see if the filing of a BK constitutes a default on the mortgage. If it does, you husgband may want to reaffirm the loan with the lender. If he is going to do this, it needs to be done during the BK process.
As to the credit cards, they cannot come after you for those debts unless you live in a community property state where they can argue that because the debts benefited the marriage, you are responsible for the credit card debts incurred after the date of marriage.
Please click "Accept" so that I can get credit for this answer. We can continue our conversation after that at no additional charge.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).