How can I protect myself from being liable for my husband's debts? 8 Answers as of May 01, 2014

My husband and I are still legally married but permanently separated. We are not seeking divorce. He gives me child support for one minor child (age 16) who lives with me. This money goes to a fund specifically for that purpose.

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Reza Athari & Associates, PLLC | Seth L. Reszko
I would recommend executing a separation agreement to state the terms of your property and debt distribution, child support, and custody. Keep in mind, if you are listed on any account with your husband, you will still be liable to the creditor, even if your husband agrees to pay that debt. You will need to removed from that particular debt by the creditor allowing your husband to assume the entire debt or as with real property, refinance the mortgage.
Answer Applies to: Nevada
Replied: 5/1/2014
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
As long as you're married you are liable for each other's debts.
Answer Applies to: Washington
Replied: 5/1/2014
Mediation Services of Southwest Florida
Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
All debts in your husband?s name belong to your husband. Be certain that you have separate credit cards, bank accounts, etc.
Answer Applies to: Florida
Replied: 5/1/2014
The Bryan Law Firm, L.L.C.
The Bryan Law Firm, L.L.C. | Douglas L. Bryan
Louisiana is a community property state. You would still have a community together (assets AND debt) as long as you haven't terminated the community somehow, either by way of a separation of property agreement (pre-nup or post-nup), or by filing for divorce.
Answer Applies to: Louisiana
Replied: 5/1/2014
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
You can have a marital property agreement drafted.
Answer Applies to: Wisconsin
Replied: 5/1/2014
    John Russo | John Russo
    Either legal separation or divorce.
    Answer Applies to: Rhode Island
    Replied: 5/1/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Creditors under California law are protected from either spouse pointing to the other person in the marriage as being responsible for debt. The only absolute way you can ensure that you're not responsible for your husband's debt is to terminate your marital status. Any community debt accumulated up to that point can still be the responsibility of both parties.
    Answer Applies to: California
    Replied: 5/1/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    In Idaho, the only way to do that is to get divorced. Otherwise, you may remain obligated for one-half of the community debt.
    Answer Applies to: Idaho
    Replied: 5/1/2014
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