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Generally speaking, your liability only extends to the community property. In other words, the community property can be taken to pay for your husband’s separate debts, but your separate property is not at risk. You have to keep in mind, however, an asset can be considered community property even if it is in your name alone. Generally speaking, in order to make community property become separate property, you’d need a written agreement. The prenuptial agreement may satisfy that requirement if it specifically states which assets are separate. But assets that were accumulated during the marriage, and that are not dealt with in the prenup agreement may be considered community property even if they are in your name alone. A divorce could help to the extent that a judge would divide the property … but the judge would also need to divide the debt, and he may order that your husband’s debts be paid with community property prior to distributing it (in other words, the result would be the same).
The botXXXXX XXXXXne is that you should consult with a knowledgeable local attorney who can help you determine what is community property and what is separate property. Once you’ve determined that, then you can make an intelligent decision about what to do next.
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