After 10 years of not leaving together, am I still responcible for my husband’s debts?

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After 10 years of not leaving together, am I still responcible for my husband’s debts?

Asked on March 15, 2012 under Family Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Community property is property acquired during marriage.  This also applies to income and debts during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  This also applies to income and debts before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

If you are divorced or separated with no intent to reunite, your husband's debts after divorce or separation with no intent to reunite are his separate property and you are not liable for his separate property debts. 

You are liable for his debts incurred during marriage because those debts are community property and each spouse has a one half interest in the community property.


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