QUESTION
Do I owe anything to her if my names not on any of the credit cards or anything in case of divorce?
Asked on Jul 15th, 2013 on Divorce - California
More details to this question:
She recently left me, and is not talking to me now, but is insisting I continue to give money for debt accrued through our marriage. My name is not on any of the cards, or car payment or anything. Just money we spent together. Her name is on everything. I want to know if I am liable or not.
4 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Community property, community debt. They are both half yours.
Answered on Jul 16th, 2013 at 7:34 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Legally you are not liable to the creditor, but in a divorce the Court will allocate the debts regardless of whose name they were in.
Answered on Jul 16th, 2013 at 11:55 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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In Utah, the court has the power to apportion responsibility for debts incurred during the marriage by one spouse or the other between both of the spouses. What this means is, for example, that if you incurred a credit card debt in your own name during the marriage and use the credit card to purchase things only for your own benefit, it is still possible (though unlikely) that the court can order your wife to pay some or all of that credit card debt. So, in your situation, even if your name is not on your wife's credit card, the court could, if it finds there is an equitable basis for doing so, order you to pay some or all of her credit card debt.
Answered on Jul 16th, 2013 at 11:55 AM
Yes. It is called community debt if it was acquired during the marriage before separation.
Answered on Jul 16th, 2013 at 11:41 AM