Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Unfortunately, because you are in California, which is a community property state, any debt that is taken on by your spouse is also considered your debt within a marriage. Thus, the only options you have are to either divorce or to move to a state that is not a community property state, so that all of his debt only stays his debt, even if you are married.
There are only 9 states in the United States that are community property:
Another option you have is to have a post-nuptial agreement drawn up that says that any debt that he acquires is only his debt and not both of your debts. A family attorney can draw one up for you so that if any creditors come after you for any debt, this document should protect you.
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).