Q: Am I liable for my wife's credit card debt? We are married and she's is going through some mental distress(bipolar?).

A: It depends. California is a community property state. This means that debts incurred by your wife before marriage are generally hers alone unless you were a co-signor. However debts incurred during the marriage generally belong to the community which means joint responsibility. You mentioned your wife has bi-polar. Is the debt spending illness related? If so, does she need to have her medication adjusted to help curb the spending? Another suggestion is to have your wife join Debtors Anonymous. Lastly, try talking to a family law attorney about a post-nuptial agreement regarding assets and debt allocation.

A: The debt incurred by either spouse during marriage is community debt which creates potential liability to either spouse. Given the situation with your wife,I urge you to seek legal advice as suggested by Ms. Douglas regarding a post-nuptial agreement and also from an experienced bankruptcy attorney or certified specialist in bankruptcy law to understand bankruptcy and non-bankruptcy options for handling the debt.

A: You may seek a divorce, a separate property agreement, or a post-nuptial agreement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.