If all bills were in my name can I have my husband pay the debt from the credit cards? 6 Answers as of November 07, 2013

My husband want a dissolution but I do not agree. I’m left with all the debt of credit cards, even though in my name were used together and for the family.

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McGee Family Law, PLLC. | Larry A. McGee
If you can show that the bills were actually accumulated as expenses for the family, it doesn't matter to the court whose name they are in. Marital debt, as well as marital assets (income of both parties during the marriage, retirement plan contributions during the marriage, etc.) get divided with the divorce.
Answer Applies to: Minnesota
Replied: 11/7/2013
Law Office of Robert E McCall | Robert McCall
Most courts do not consider whose name is on the card, they consider what the expense was for.
Answer Applies to: Florida
Replied: 11/7/2013
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Debts incurred during marriage are community debts, payable by both parties. Net community property (i.e., assets less debts) is divided 50/50 in a divorce except in extremely unusual circumstances where there are no assets but lots of debt. The allocation of debt thus depends on how the assets are divided. If the parties equally divide the assets, they should be ordered to each pay 1/2 of the debts. You would best retain an experienced Family Law Attorney to advise and represent you, to ensure that your rights are properly asserted and litigated.
Answer Applies to: California
Replied: 11/5/2013
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
If you are in Florida, any debt incurred during the marriage is marital debt, no matter whose name it is in. You should consult with an attorney to assist you in your divorce.
Answer Applies to: Florida
Replied: 11/5/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
If you can prove they were used for the community, you may get the court to order him to pay half.
Answer Applies to: Idaho
Replied: 11/5/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    The credit card companies will try to collect the money from whoever opened the credit card accounts. You may be able to get a court order in the divorce forcing him to pay. Before you do anything, please talk to a divorce attorney in your area. This is serious. These legal issues will affect you and your family for many years. You may cause great harm to yourself and your children, and may lose a lot of money, if you do the wrong thing.
    Answer Applies to: New Jersey
    Replied: 11/5/2013
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