Posted on September 19, 2009 at 7:25 am Married 26 yrs. In midst of California Divorce...My credit restored now from lessons learned long ago when (controlling) husband paid only his own bills, and me not applying for any credit.  1.  He never put my name on house (interspoucal transfer) that my parents helped us into after he ruined my credit.  He kept all finances secret and seperate (giving me little $ to raise our 3 boys.)  Now during divorce he said he is filing BK on loans, and credit cards I only recently discovered he had.  (Although he is saying I did). **My attorney said safe on house because of interspoucal transfer.  I am wondering about the 2nd morg. he took without me knowing since he didn't need my signature. 2.  His credit cards in his divorce paperwork listed as not paid for "l yr." and charged off.    I am told that a judge will not order me to pay on charged of items.  ???? Does this apply now that he will file BK?** What % of each will I be responsible for in California if he filed BK after START of divorce??4.  I would rather pay off or negotiate payment (have trust inheritance) to avoid him ruining my credit once again.  Please help.Nomorcontrol!

Posted on September 19, 2009 at 10:43 am Can someone give this girl peace of mind?

Posted on September 20, 2009 at 11:01 pm California Bankruptcy During DivorceLet me start by saying that I'm not a bankruptcy attorney nor am I a financial expert-but having read through your post, it seems as if you would not be liable for any of your husband's debts since he did not include your name in any of his transactions. I could be wrong though - since California is one of the Community Property States (spouses share assets and debts accumulated within the marriage, 50/50)

Posted on September 20, 2009 at 11:13 pm I agree with peterpanamerican- and I wonder what kind of an attorney you have, he should be able to answer your questions. Also, did he asked you to ask your ex-husband if you could jointly file with him? That way you won't have to be liable for the remaining debts after the discharge.Anyway, if you have separate properties (those you owned before the marriage)- those would not be effected by your spouse's bankruptcy. Properties held by your spouse will be used to settle the debts first, and then the non-exempt community properties next.

Posted on September 20, 2009 at 11:17 pm California Bankruptcy During Divorce - what is the advantage of filing jointly?A joint bankruptcy will wipe the debts for both of the spouses instead of just the individual filer's. After the discharge, the creditors might pursue the other spouse to collect the full amount.

Posted on September 20, 2009 at 11:20 pm California Bankruptcy During Divorce - what happens if the divorce gets completed before the husband files bankruptcy?The wife may not be dragged into the bankruptcy and pursue another debt relief option.However, if  the wife's financial situation is such that it would eventually lead into bankruptcy too at some point, then it is wiser to join forces with the husband before the completion of the divorce proceedings.

Posted on September 21, 2009 at 12:23 am California Bankruptcy During Divorce - or debt settlement, instead of bankruptcy? I am wondering about the 2nd morg. he took without me knowing since he didn't need my signature. 2.  His credit cards in his divorce paperwork listed as not paid for "l yr.I would rather pay off or negotiate payment (have trust inheritance) to avoid him ruining my credit once again. Good idea! That is, if it so happens that your husband refuse to file jointly. When the creditor goes after you for full payment - do negotiate.It's going to be better for your credit as your husband's bankruptcy filing would not affect your credit report, I think it would be noted there, but it doesn't have the same impact as if you're the one who filed...I'm not sure. Will somebody verify?

Posted on September 21, 2009 at 12:27 am Hi there, it sounds like you're going to be fine, having an attorney and a trust fund ... thank you for dropping by destroydebt.com, if you have any other questions with regards to what debt relief options are available for you, please feel free to fill out a form here and get matched up to the right solution.All the best to you!

Posted on October 23, 2009 at 5:43 am The debt and divorce scenario is present everywhere not just in California. It's really a complicated combo and some of the folks here might want to know how to divide credit card debts in divorce -Leave your marriage with no joint debt.

Posted on October 23, 2009 at 5:48 am I agree, and to add to that, try to pay off those joint cards together by dividing the amount-- or by doing a balance transfer on separate names. Also, make sure to cancel all your joint credit cards.You can also file jointly - bankruptcy, I mean,  if needed be. Although that is really not the first debt relief option for unsecured debts.