Would my husband's bankruptcy filing be on my credit history? - Bankruptcy Law Questions and Answers- LawQA.com

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Would my husband's bankruptcy filing be on my credit history?

My husband incurred personal and business debts (for sole proprietorship) before we were married (including a judgment for a car loan, a judgment for unpaid sales taxes to Board of Equalization, some credit card debt and foreclosed property). We have always had separate bank accounts and credit cards, I am not listed on any of his debt and he's doesn't own any of my assets. The first question is: If he files for bankruptcy for debts incurred before we were married that I am not listed on, will this affect me? I have been told my many attorneys that I am not responsible for his debts but recently heard about family law section 910 a from Board of Equalization when they put levy's on my separate personal bank accounts that don’t even belong to him. This code states that community property can be used to pay debts that were incurred before or during marriage, so I guess the second is: what qualifies as community property? Proceeds from businesses that he doesn’t own? Cash in my personal bank accounts that he is not on? My real estate?

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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You need to see a family law lawyer. The answer depends on allot of factors. It is not a question of "what he is on". It is a question of the source of the asset.

Answer Applies to: California
Replied: 8/27/2015

Answer By Ronald K. Nims

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If he files bankruptcy, it will eliminate any claims against you for his debts.

Answer Applies to: Ohio
Replied: 8/25/2015

Answer By Darren Aronow
The Law Office of Darren Aronow, PC
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No you are not liable in NYS.

Answer Applies to: New York
Replied: 8/24/2015

Answer By Dorothy G Bunce
A Fresh Start
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Your credit report should not include information about your spouses bankruptcy unless your spouse filed bankruptcy on debts you had together. Even so, your credit report should only say about the debts that they were included in a bankruptcy. If you find that your credit report contains false information about you filing bankruptcy, you should dispute this information. This fear is unlikely as to make it into your credit report, your spouses bankruptcy would need to include your social security number, and the bankruptcy forms do not require this information to be disclosed.

Answer Applies to: Nevada
Replied: 8/24/2015

Answer By D.J. Rausa

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You are not responsible for his sole debts. The BOE will look to the owner and as indicated, you did not benefit from the business so no community interest arises.

Answer Applies to: California
Replied: 8/24/2015

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