Moms View Message Board: General Discussion: Archive October 2007:
If you are married and your spouse has credit cards in their name only...and you divorce...would both parties be responisble for the debt incurred on those cards? Or just the person who holds them in their name.
Does that make sense?
I believe that if your name was never on it and you never used the card then it would go totally to him. But if your name is on a card or anything they will come after you too for payment.
If it is JUST in his name - he is responsible - even if you have a card as an authorized user he is responsible.
Actually I am in this very situation right now, and my lawyer advised me that if the debt was incurred while married, it makes no difference if your name is on it or not -- it's marital debt. :o( It might depend on which state you live in.
It definitely depends on your state.
I was thinking that it made no difference whos name it was in, so I am also thinking it must depend on your state. I have never been divorced, but recall a friend talking about it during her divorce.
It's definitely state-dependent. In California, you would be responsible for this debt since we're a community property state. Ginny may know of a site where you can get information for your particular state.
In texas you are responsible also.
I always thought that you would both be responsible if the debt occured during your marriage.
It can also depend on the lawyers, and judge. I divorced in TX, which I believe is a community property state, but my ex and I were each responsible for our own debts, even those incurred during the marriage.