How likely is it that the creditor's come after my spouse if unsecured and secured debts are all mine (no joint)?

Asked over 5 years ago - Yorba Linda, CA

I live in CA. All debts are under my name which incurred while married. My husband has a good job.

Attorney answers (2)

  1. Robin Mashal

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

    If the debts are community liabilities, the creditors can try to come after both of you. You should consult your own attorney to protect your legal rights.

  2. Melissa Cari Marsh

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Mr. Mashal is correct. California is a community property state. Debts acquired during marriage are the responsibility of both spouses. Consequently, the creditors can seek payment from both you and your spouse.

    I strongly suggest you contact a licensed California to discuss your options, which may include negotiating your debts down, negotiating a lower interest rate, bankruptcy, etc...

    Disclaimer. The information posted above is for general information, does not constitute professional legal advice, and does not create an attorney client relationship. I am a corporate-business, employment and real estate attorney located in Los Angeles, California.

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