If a spouse incurs credit card debt in his name only, is his wife ever responsible for that debt? 6 Answers as of February 20, 2014

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Stephens Gourley & Bywater | David A. Stephens
Depends on whether you live in a community property state and how the card was used. Use for necessaries may make the spouse liable.
Answer Applies to: Nevada
Replied: 2/20/2014
Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
As a general rule, no she is not.
Answer Applies to: Arkansas
Replied: 2/19/2014
Law Office J. Jeffrey Morris | J. Jeffrey Morris
Yes it's a community property debt if incurred during marriage. The is the innocent spouse defense, if the debt were tax liability and she was not the wage earner.
Answer Applies to: California
Replied: 2/19/2014
Kirby G. Moss PC | Kirby G. Moss
Not responsible unless actually used the card.
Answer Applies to: Indiana
Replied: 2/19/2014
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
The wife could be liable if she ever used the card, if she clearly benefited from the purchases or if she gets stuck with part of the debt in a divorce.
Answer Applies to: Michigan
Replied: 2/18/2014
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    Probably not. Under the federal Equal Credit Opportunity Act, one spouse may contract on his/her own for credit, without involving the other spouse. There is a state Family Expense Act which makes both spouses liable for "necessaries," but it is probably preempted by the federal law. It is also unclear if it ever would apply to a lender, as opposed to an actual provider of goods and services.
    Answer Applies to: Illinois
    Replied: 2/19/2014
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