QUESTION
If my husband and I get a legal separation, will I be held responsible for his debts?
Asked on Mar 21st, 2013 on Divorce - California
More details to this question:
I live in Rio Vista, California. I want to get a legal separation since my husband puts us in continuous debt. I am hoping that if I can get a legal separation, I will not be held responsible for the debt he has acquired.
3 ANSWERS
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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It's really going to depend upon whether the debts were incurred before or after date of separation and whether or not they were incurred for community purposes. The sooner you file of a Petition for legal separation, the better off you will be as it will be a matter of public record.
Answered on Mar 22nd, 2013 at 12:30 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If you get a divorce he will be responsible for his debts from the date the dissolution is ordered. Until that date you can be responsible for his basic needs such as food, rent and medical. The medical can be highly expensive. A separation will not stop your liability for those debts. In addition if you share joint credit accounts you can be held responsible by the creditor.? You need to end all joint credit cards.
Answered on Mar 22nd, 2013 at 12:29 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You are both responsible for debts acquired during the marriage. Once you file any debts thereafter are your his. om.
Answered on Mar 22nd, 2013 at 9:25 AM