QUESTION
Am I legally responsible for my husband's debt?
Asked on Nov 01st, 2012 on Divorce - Michigan
More details to this question:
We are living at separate homes. His home is in his name only. But if stops paying his mortgage am I responsible financially for his debt because we are still legally married?
9 ANSWERS
Leonard A. Kaanta
Not in Michigan.
Answered on Jun 18th, 2013 at 10:35 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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If you are on the note then you are responsible.
Answered on Nov 06th, 2012 at 11:00 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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In general, the accrual of community assets and obligations ends at separation; but that does not necessarily protect you from creditors. If this is a concern, you would be wise to get a legal separation and/or dissolution.
Answered on Nov 02nd, 2012 at 4:56 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Not generally, if you have not signed the note you should not be liable for his debt.
Answered on Nov 01st, 2012 at 6:07 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Generally, a spouse is not liable for the other spouses legal and contractual obligations. An exception that might be asserted by a creditor, and that is different in each state, is that sometimes a spouse can be liable for the other spouse's debts when those debts pertain to "family necessities".
Answered on Nov 01st, 2012 at 6:05 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If you're not on the loan the bank shouldn't come after you. However, under family law if the debt was incurred during the marriage, you would typically be liable for 1/2 of it. See an attorney to figure out the debt issue.
Answered on Nov 01st, 2012 at 6:05 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No, you are not responsible for his debts.
Answered on Nov 01st, 2012 at 6:04 PM
Living apart is not the equivalent to legal separation. If you do have a Judgment of legal separation then his debts are no longer your responsibility. Otherwise, it depends upon whether or not the debt is legally considered to be a community debt. You should consult a family law attorney to review all of the facts and advise you.
Answered on Nov 01st, 2012 at 6:01 PM
Although technically you have some interest in his real property so long as you are married because Michigan is a community property state, the lender will most likely foreclose on the home before looking to you for payment unless you signed the mortgage and note on his home. In the latter case, you would be liable.
Answered on Nov 01st, 2012 at 3:43 PM