I live in a community property state and divorced my spouse soon after he filed bankruptcy. Am I protected from the creditors?

Community Property Divorce Law

I live in a community property state and divorced my spouse soon after he filed bankruptcy. Am I protected from the creditors?

The community property bond between spouses can linger for years after the couple is divorced. You are still responsible after divorce for your spouse’s debts that you originally incurred with him or her during the marriage. If your ex-spouse spouse files a petition for bankruptcy, a creditor can reach non-exempt “formerly community property” to collect on what was a community debt. This could shift the debt to you, obviously to the benefit of your ex-spouse at your expense.

When a debt is incurred during a marriage, property that was “formerly community property” received by either spouse in the divorce settlement, can be considered as assets that can be used to settle the community debt. So, the creditors will more than likely go after you for payment. Recent amendments to the bankruptcy code have attempted to tighten up the rules about property distribution and collection of debt.

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