Q. Can I assign our community bills to my Wife and have him file bankruptcy, and so avoid liability myself?
A. No, this will not work. If your spouse is considering a bankruptcy, you may want to file with him in those proceedings unless there are compelling reasons not to. However, in cases with debts in your spouse's name only the creditors may not actually ever pursue you.
You may need to consult both a bankruptcy attorney and a family law attorney.
Q. What if we get divorced and only have debt and our community assets are gone? Will I get stuck with them?
A. The Court has the power under Family Code section 2622(b) to distribute excess debt "as the court deems just and equitable, taking into account factors such as the parties' relative ability to pay" them.
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