If my husband ran up outrageous debt in my name behind my back, can I sue him?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.