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Federal tax laws generally respect state laws in determining whether a source of income is community income and whether a property is a community or separate property. In general, community property is acquired while the couple is married and cannot be otherwise identified as separate property.
?Community debts? are those incurred while married. Each spouse owns one-half of the community property and is responsible for one-half of the community debt?even if only one spouse incurred the debt during the marriage. Usually, community property and debts are divided equally between the spouses.
If your spouse owns a credit card that is solely in their name, you are not liable for their debt. But creditors do have recourse to your spouse's share in any assets that you own jointly with them. And if you are a joint account holder on a credit card, both of you will be liable.
California is a community property state. When filing a separate return, each spouse/RDP reports the following: One-half of the community income.
Legal separation can protect you from the debts of your spouse effective the day you file for legal separation. Once you file, you are no longer liable for any new debts your spouse takes on.