If you file jointly, you would be exposed. I suggest that you discuss a strategy over with a local tax advisor (CPA, accountant), but you may want to file "married, filing separately." This will remove you from liability regards to your husbands tax situation. There are also exceptions for "innocent spouse" in some cases which from what I understand are kind of hard to qualfiy for, but if it is relevant it may be worth exploring as well.
The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the areas of business law and intellectual property to entrepreneurs, small-to-medium size businesses, independent inventors and artists across the nation and abroad. Feel free to call for a free phone consultation; your inquiries are always welcome: CONTACT: 866-871-8655 Support@LanternLegal.com DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
I would suggest that your file your tax return as married filing separate and report you own income, to the extent you have it. Although the general rule for filing married separate in community property states is that you report 1/2 of both spouses community property, there is an exception for separately managed community property ( such as your own wage or other income that you keep in your own separate not joint bank account). Also , if you file joint returns and you are audited and the IRS finds his unreported income and assesses additional tax, you may qualify for innocent spouse relief from that additional tax.
This information is provided for educational purposes only, and is not to be relied upon as legal advice. You should consult with an attorney with full disclosure of all facts and opportunity to consider all or alternative options.