What will happen to our joint accounts if my spouse is deported? 5 Answers as of July 12, 2011

My husband was charged of Theft Felony. Since he is not a US Citizen we were told that his case is deportable, so he will get deported soon. My question is what will happen to our mortgage loan - which is under both our names. And his unpaid credit cards. Some are joint accounts and some are just his own credit card. Also, I am thinking of divorcing him or filing for annulment? I'm not sure which one, but as soon as he get deported I will be doing it. We have 2 kids by the way and we are all US citizens.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
The bank will likely not let him off the hook on the mortgage but they will be unlikely to collect from him in another country. You should consult with a family law attorney to try and get your assets separated before he is sent away. Also talk to the bank and explain the situation and see if you can get the loan renegotiated so you can afford to keep it up and not default. Your credit card accounts you can pay off, close and reopen in your own name. Again a family law attorney can help you through this.
Answer Applies to: California
Replied: 7/12/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
Your question pertains to state family law rather than immigration. In Washington State, annulment (invalidity of marriage) is rare. Divorce (dissolution of marriage) is likely to be your only avenue for any legal relief. In Washington State, most debts of married couples are "joint and several", meaning that if one of you does not pay, the creditor will attempt to get payment from the other. Whether the debt is on a joint account or a single account is of little consequence. Your creditors, including your mortgagee, will expect you to make payments on the debts. Although your husband will also remain liable for your marital debts, creditors will have difficulty getting payment from him after he is deported from the USA. By filing for divorce now, before he is deported, you will have better control of the situation.
Answer Applies to: Washington
Replied: 7/12/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
What is your concern? The mortgage loan or his deportation. If it is mortgage loan, he will be responsible for it whether you divorce him or not. If it is for his deportation, you need to retain a lawyer now to see if he has possible defense.
Answer Applies to: Florida
Replied: 7/12/2011
Immigration Law Offices of Misiti Global, PLLC.
Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
You should speak to the bank and credit card companies directly. I would guess you will be responsible for any joint accounts. Regarding whether your spouse is deportable you should speak with an immigration attorney.
Answer Applies to: New York
Replied: 7/12/2011
Kevin Bluitt, Attorney at Law
Kevin Bluitt, Attorney at Law | Kevin Bluitt
Remember, your husband can still fight the deportation....there may be relief available.....As to your joint accounts, both you and your husband are responsible jointly and severally (individually). This means that the credit card companies can sue you, your husband, or both. If your husband they the credit card company will most likely just go after you since getting a judgment against you husband will be very difficult. As for the mortgage loan....you are fully responsible for the loan assuming you signed the note....deportation means nothing....annulment is not as easy as you think..divorce is more likely.....good luck.
Answer Applies to: Florida
Replied: 7/12/2011
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