Will I incur his debts because he filed for bankrupty?

My husband and I are separated but are not divorced. He filed for bankruptcy about 9 months ago. Will I be responsible for our debts after he files for bankruptcy? If so, then I will have to seriously consider bankruptcy myself.
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Answered By: Lorene Lynn Mies, APLC
This is really a family law question. In most states, debts incurred after the date of separation belong to the party that incurred the debt. However, if you are a co-debtor on the credit cards the credit cards will try and go after you. This issue should also be covered in your marital settlement agreement.

Answer Applies to: California
Replied: 8/27/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Doan Law Firm
Only if either 1) you co-signed on the account, or 2) benefited from the debt in a community property state. Our bankruptcy attorneys are standing by to address all your bankruptcy and debt related questions.

Answer Applies to: California
Replied: 8/25/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Diefer Law Group, P.C.
Yes, the creditors will come after you for the debt if both of you signed on the debt.

Answer Applies to: California
Replied: 8/24/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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