We were married in CA, a community property state. Her name was never on the account.
During the marriage, this credit card account balance decreased by $4K. At the time of our separation, the balance on this credit card was about $650. After separation, the same account balance grew to $22K!
Now, I'm going to file Chapter 7 bankruptcy. I want to be sure that the creditor can not sue my ex-spouse or force her to sell her house to pay my debt incurred after separation. Her name is on the deed of a house, and there is more than 100K in equity. So, it might be worth forcing a sale.However, it seems to me, and an attorney I consulted, that the increase in the credit card debt was my separate debt, and she could not be held liable for this debt, even though the same account was a community property account. In addition, our settlement agreement includes the following: "Husband and Wife each warrants to the other that, after the date of this agreement, no debt or obligation will be incurred for which the other may be liable, or that could be enforced against an asset held by the other. We agree that if any claim be brought seeking to hold one liable for the subsequent debs of the other, or an undisclosed obligation of the other, or for any act or omission of the other, then each will hold the other harmless, defend such claim, and indemnify the other for any liability on the obligation, attorneys’ fees, and related costs. " Thank you!
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