Am I responsible for my spouses debt and why? 17 Answers as of August 25, 2015

Can I be held responsible for my husband's delinquent credit cards if my name's not on them and there's a different billing address?

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GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Maybe yes and maybe no. I would need more information. Look at Colorado's "Family Purpose Doctrine".
Answer Applies to: Colorado
Replied: 8/17/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Yes. If you live in a marital property (=community property) state like Wisconsin, you can expect that both spouses are liable on marital or community debt, regardless of whose name is on it. There are some exceptions: the relatively few debts which are not 'in the interest of the family,' and those which your husband incurred before the marriage. Good Luck.
Answer Applies to: Wisconsin
Replied: 8/17/2015
Stacy Joel Safion, Esq.
Stacy Joel Safion, Esq. | Stacy Joel Safion
No you are not but your community property is.
Answer Applies to: California
Replied: 8/17/2015
Law Office of Martin A. Kahan | Martin A. Kahan
If your name is not on them, the creditor will seek payment from him. They are not bound by any orders the court makes re distribution of assets and liabilities in the divorce.
Answer Applies to: California
Replied: 8/17/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If you did not become a co signor then no, you are not responsible for them.
Answer Applies to: New York
Replied: 8/17/2015
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    No, if you did not sign for the debt you are fine.
    Answer Applies to: New York
    Replied: 8/17/2015
    Ronald K. Nims LLC | Ronald K. Nims
    No, generally you're not responsible for any debts unless you signed for them.
    Answer Applies to: Ohio
    Replied: 8/17/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If the debt that you reference was acquired during the course of the marriage, you're technically responsible for that debt and a creditor has a right to pursue you for the liability. If this debt is something that pertains only to husband's expenses and did not benefit the community, you can make an argument that he should be awarded the entirety of the debt. Please meet with an experienced family law attorney to explore your legal options.
    Answer Applies to: California
    Replied: 8/17/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Nope. But actually...... Technically yes in a community property state but I have never seen a credit card company go after a non-signing spouse.
    Answer Applies to: California
    Replied: 8/14/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Only if the credit cards were used to pay for medical expenses or other necessities. Even if the cards were used for this purpose, the creditor is unlikely to know about your marriage.
    Answer Applies to: Nevada
    Replied: 8/14/2015
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Wi is a community property state. All assets -except inheritance and gifts from third parties- and all debts are considered marital until or unless a court says otherwise.
    Answer Applies to: Wisconsin
    Replied: 8/14/2015
    Stephens Gourley & Bywater | David A. Stephens
    Generally no, unless you used them.
    Answer Applies to: Nevada
    Replied: 8/14/2015
    Danville Law Group | Scott Jordan
    The answer depends on several different factors. The short answer is that no, probably not. However, if you live in a Community Property state, it is possible that the community estate is liable for the bills. This means that you probably could not be sued but your money, if commingled with your husband, could be used to pay the debts off. It is best to discuss this with an attorney in your area who can get more information from you and make a better evaluation.
    Answer Applies to: California
    Replied: 8/14/2015
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    No. Each spouse has the right under federal law to obtain credit without the involvement of the other.
    Answer Applies to: Illinois
    Replied: 8/14/2015
    Law Office of Joshua R.I. Cohen
    Law Office of Joshua R.I. Cohen | Joshua Cohen
    That would be a no.
    Answer Applies to: Connecticut
    Replied: 8/25/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Certainly if your name is not on the credit cards the creditor cannot come after you for payment. The court however can find the debt to be marital property and make you responsible for one half. That is of course negotiable.
    Answer Applies to: Florida
    Replied: 8/14/2015
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    Probably not. It really depends upon how the credit card is set up and exactly what happened.
    Answer Applies to: Washington
    Replied: 8/14/2015
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