Under California’s community property laws, a divorced spouse may be responsible for the former spouse’s debts. According to California law all debts incurred by either spouse during marriage are usually considered community property. After divorce, creditors can recover against either spouse for community property debts. Creditors can also seek to recover against “formerly community property” that was assigned to you in your divorce judgment.
Your legal obligations to satisfy community debts does not end once your former spouse files for bankruptcy. After your former spouse files for bankruptcy, creditors may seek from you repayment of debts even though the court assigned such debts to your former spouse.
The problems of a divorce are compounded by the need for bankruptcy. Whether you file for bankruptcy before divorce depends on what divorce issues must be resolved. Making a mistake during a divorce with bankruptcy can be very costly.