For any of the years that Federal & California income taxes haven't been filed, you may file a separate return using the "Married Filing Separately". However, two things come to mind:
1. It doesn't sound like you have any income to report and therefore you have no requirement to file an income tax return. As long as you don't sign a joint return with your husband, you can't be held responsible for anything to do with the IRS.
2. You should realize that if you file separately, it will result in substantially more income taxes that your husband must pay & he will have no other option; if he signs your name without your authorization, that is fraudulent & will result in substantial additional penalties for him & possibly criminal sanctions.
3. You may want to consider what affect that will have on the family as a whole and whether or not this could result in other financial issues/problems for you. For example could that situation affect the support you receive from him?
4. If the returns that you filed using the "married filing jointly" filing status are for periods prior to 3 years ago (in other words before 2012) those returns involved closed years. Also, you may not change your filing status once you file a joint return. Tax liabilities are determined on a year by year basis. If there are balances due on any of the returns you filed jointly, if necessary you may still be able to insulate yourself from those liabilities using the "innocent spouse" rules. Here's a link to the IRS rules relating to the three types of innocent spouse relief:
5. You may want to consider informing your husband that if the joint returns show an unpaid tax liability and he has insufficient funds to pay the tax, you are not going to sign a joint return. He should realize that will mean he must also file using the "Married Filing Separately" filing status and the tax that he owes will increase substantially. That should motivate him to get the returns prepared and to borrow the funds to pay the tax in full on a year by year basis, and only then should you consider filing a joint return with him.