California Family Code Section 910 reads in pertinent part as follows: "(a)... the community estate is liable for a debt incurred by either spouse ... during marriage, regardless of which spouse has the management and control of the property and regardless of whether one or both spouses are parties to the debt ... (b) 'During marriage' for purposes of this section does not include the period during which the spouses are living separate and apart before a judgment of dissolution of marriage or legal separation of the parties."
You say you are living separately. This is your best argument, pursuant to Section 910(b), if the credit card companies pursue you. On the other hand, did your husband incur any of those charges for community purposes, or are they all debts just for him and him alone?
I am concerned because you have no actual court action pending for divorce (or legal separation). You should quickly consult with a qualified family law specialist. One of the two lawyers who staff the Pro Bono Clinic at the Torrance Courthouse (9 a.m. to noon Wednesdays in Room 160) is often a family law attorney.
My sister died and left life insurance with me as the sole beneficiary. Her business partner is listed in the will, however, as entitled to the life insurance proceeds to the extent his loan to the business has not been paid off in full (there is a significant amount still owing). The life insurance company has told us it will interplead the funds if we do not work things out. What does that mean?
Interpleader is a legal name for an action filed by a disinterested holder of funds to which competing claims are made. The disinterested party (the life insurance company) is not in a position to decide as to who gets what, and is likely at risk if it does.
So, the life insurance company files a lawsuit naming you and your sister's business partner as the competing claimants. The life insurance proceeds are turned over to the court, which then holds a hearing (and allows briefing beforehand) to determine who gets what.
Note that the attorney fees and costs of the life insurance company may have to be paid in whole or in part by you and your sister's business partner. This is another matter the court must decide.
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