If my husband ran up outrageous debt in my name behind my back, can I sue him?

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If my husband ran up outrageous debt in my name behind my back, can I sue him?

He also took a loan that his dad co-signed without asking me and that is preventing me from filing bankruptcy.

Asked on June 26, 2012 under Bankruptcy Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

California is a community property state.  You would be liable for any debts your husband took out even if they were only in his name.  I understand he ran up debt in your name.  This is probably a breach of his fiduciary duty to his spouse.  I'm a little confused at why he is still your husband at this point.  You probably don't have any recourse in CA without filing for divorce.  There is no separate suit against a spouse for breach of fiduciary duty.

You should file for divorce and seek to allocate the debt to him as his separate debt because of his breach of fiduciary duty.  A judge can do that.  Best of luck.


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