How can I take care of marital debt?

If you're sure you aren't a co-signer on his debt, he can file alone with a declaration of separate households. Your credit should not be affected.

If you did not sign an agreement to be liable on his credit cards, then you are not liable. You might be liable for debts for necessities (food, clothing, medical expenses while living together). Just be sure not to agree to a joint credit card or other types of joint debt. Don't sign any guarantees on his debts; even medical.

Even if you are married he can file bankruptcy individually. However, you will responsible for any joint debts in both of your names. I suggest you consult with a bankruptcy attorney to discuss the specific details of your situation.

So long as you are married, you are jointly liable for all debt. You cannot protect yourself by having separate accounts. If your husband is unable to control his spending, filing for divorce or legal separation may be your only option.

You (and every other spouse in California) are responsible for the debts of your spouse, against advice or not, crazy or not, living apart or not. You remain responsible for debts until you and he separate (and the definition of that is a whole different kettle of fish; suffice it to say that your situation, moving out with no intention of divorcing or filing for Legal Separation, is not there yet). In the end you have to make a choice between being married and not being responsible. You can sign all the prenuptial agreements you want and all the postnuptial agreements, too, but that is not binding on third parties. That is the bad news. The good news is that very few creditors take advantage of spousal liability. Accounts is his name could sue you, but in the last 25 years, they don't. Probably the best thing you can do is what you have done already. The only other thing I suggest, and this is a very strong suggestion, is to make sure he is covered by the best medical insurance you can purchase. If he works and has insurance, monitor it and make sure he doesn't cancel. If you work and have coverage available for him, get it and keep it, even if he has his own. The one creditor who will come after you is the doctor/hospital/ambulance who treats him and then finds out he has no insurance but has a wife who owns a house. The only way to completely insulate yourself is a dissolution of marriage. Short of that, keep doing what you have been doing only more so. Your husband sounds like an addict. He clearly has a mental health issue. Most mental health problems are treatable, at least to some degree. If he values your marriage as much as you seem to value it, then give him an ultimatum. Get treated (and I am going with you because treatment works best when the whole family treats together) or become single. He can only change is he wants to change, and maybe not even then, but even though you can't make him change, you can help motivate him to want to change. Part of the deal may need to be that he carries only a gas card and a $20 for coffee and emergencies and otherwise you run the family finances. In the long run, you may want to look at a bankruptcy, either for him alone or for both of you together. It is not mean, it is survival. Some people are good at some things and others at other things. My wife does all the cooking. If I cooked, I would have poisoned everyone by now. My wife is not a great driver, so whenever we go anywhere together, I drive. Works best that way. In your house, your husband is not great with money. Best to let you handle it. It is not that you don't trust him. You totally trust him in many respects, it is just that you are so much better at money than he is. Maybe he can do the cooking.

I do not know if you live in Arizona, therefore cannot adequately answer your questions. It would be best for you to seek the advice of an attorney in your state to determine your rights.

You need to speak to an attorney about the specifics of your case. Some debts, like income taxes, can be joint obligations, even though you did not receive the income upon which the tax is based. Other debts, like credit card debts, are based entirely on the promise to repay. This can include the person who originally opened the account and the person who signed the sales slip (as an approved card holder on the account). In general, however, being married does not make you liable for your husband's debts.

It is good that he is trying to file bankruptcy, but he really needs an attorney to represent him. If he uses a petition preparer service, he stands the chance of doing things incorrectly. Each case is different and each case demands the individualized attention of an attorney. If the credit cards are in your Husband's name only, the credit card companies will not come after you. Your home is already protected by the Florida Constitution. His creditors would have a very, very hard time getting a judgment against you and trying to seize any non-exempt assets you may own. Florida law allows for a number of things to be exempt from the claims of creditors. The home you own is just one. Retirement funds are another.

As long as you are not a co-signer on your husband's credit card accounts, his debts will not affect you or the house. He should be able to get all his debts discharged in bankruptcy, assuming there are no other issues involved.

You cannot be held liable for your husband's debt by virtue of a marital debt. You must sign something to make you liable.