CA. Can I include husband's debt?

[arami008]

Hello all,

I was wondering if I can include one of my husband's debts into my Ch7 since I am filing alone in Ca a community property state. I wouldn't want to be discharged and then still owe money through my husband's debts.

If so will it affect his credit?

I was just wondering because as bad as it is we want to get out as much as we can from BK and start fresh. Any suggestions or input I will greatly appreciate.

Do I need to include my husband's debts since he is considered a codebtor (due to Community property state)? Or his bank account? I am filing alone since all the debts are under my name.

Awaiting advice...Thanks all.

[JRScott]

If its a community property state then filing a single bankruptcy will not help you, all the debt will just switch to him, and you'd need to include all debts since your debt is his debt and his debt is your debt in a community property state. You'd be much better off both filing in most cases.

[Trixie007]

I'm always a bit confused when someone who is married says "it's only my debt" - it affects both parties, and is shared IMHO - even if one party obtained all debt without the others knowledge. I think that's covered under the "for richer or for poorer"...

[ansky0007]

If you want his debt included you need to both file for bankruptcy.

[HHM]

If its a community property state then filing a single bankruptcy will not help you, all the debt will just switch to him, and you'd need to include all debts since your debt is his debt and his debt is your debt in a community property state. You'd be much better off both filing in most cases.

Actually, one spouse may file a BK and discharge community debts in a community property state. However, if there truly are seperate debts, then your husband would still owe on his debts.

I share Trixies comment, if you both have debt, are you really financially better off by leaving the other spouses debt in place.

[arami008]

Well most of the debts were incurred under my name only because my husband wasn't legal back then. So most of the credit I applied for under my name only. I was reading the nolo book and it says that yes they can come after him for my debts but that if i file the debts will be discharged from both parties. I am so confused on this matter.

So my last question. He owes less the 2k...and we want to get a house sometime within the next couple of years. So I think we are better off if only i file because at least one of us will have good credit.

THanks for all the advice...I will research more in depth. Thanks.