After divorcing my spouse in California am I held responsible for his debt? 5 Answers as of April 01, 2011

I was married to my husband 20 years. Will I be made liable for his credit card debts if we choose to divorce?

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Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
If the credit card debt is in joint name, yes you will be liable for it. Also, through the divorce court you can be liable for half of the debt.
Answer Applies to: California
Replied: 4/1/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
It depends. Is the debt on a joint account? If you were never part of the credit card contract (i.e., you did not fill out a credit application), then the creditor has no right to come after you for the debt. However, if your husband claims some of the debt on his separate accounts were incurred for "community" purposes, then he can ask for reimbursement. Best to discuss with a local family law lawyer who has experience with this issue. If you are in Marin or Sonoma County, feel free to contact my office. Good luck!
Answer Applies to: California
Replied: 4/1/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
All credit card debt incurred by either spouse during marriage is ordinarily community obligation, for whch both parties are liable. However, to the extent that credit card debt was for expenditures for a non-community item, i.e., for the benefit of husband's girl friend, a defense may be asserted in an effort to persuade the Court to allocate that portion of the debt to husband, and to seek an order that the husband violated his fiduciary duty to the community by spending community funds on his girl friend.
Answer Applies to: California
Replied: 4/1/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
With a few exceptions, debt incurred during marriage is community debt, subject to equal division. debt incurred before marriage or after separation is the responsibility of the person who incurred it. If you are looking for an attorney to assist you, please contact me for a free consultation.
Answer Applies to: California
Replied: 4/1/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
That depends on your settlement. As far as community property laws are concerned, any debt taken on during the marriage is presumably 50/50, but the bank can only collect from the individual that signed for the card. I hope that helps. Call if you would like further explanation
Answer Applies to: California
Replied: 4/1/2011
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