QUESTION
Can I be relieved of these debts when I divorce him?
Asked on May 20th, 2013 on Criminal Law - California
More details to this question:
Just found out my husband has opened credit cards in my name without my knowledge. He has used them to the full extent of credit limit. I am filing credit card fraud, identity theft. We are about to be divorced.
3 ANSWERS
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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Make sure the divorce decree spells out who's to pay for which debts and which credit cards. The credit card company may still go after you for reimbursement and if they were used for marital debts they may be able to bring suit against you.
Answered on May 20th, 2013 at 10:39 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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My advice: talk with a family law attorney, preferably the attorney who is helping you with your divorce. I would have to see how these debts were incurred. Remember, your creditors are not part of the divorce proceedings. If you are an obligated party on these debts, the creditors can still pursue you, even if the divorce decree says that your husband will pay.
Answered on May 20th, 2013 at 10:09 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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This is actually a civil issue and will hopefully be addressed in the divorce settlement. But to answer your question, it is certainly possible that you could be relieved of the debts. Whether that relief comes from the divorce itself or some other legal mechanism is another question.
Answered on May 20th, 2013 at 9:51 PM