QUESTION

Who is responsible for debt in a divorce?

Asked on Aug 11th, 2015 on Divorce - Michigan
More details to this question:
Will I have to take on my husbandโ€™s 80,000 in debts if I divorce him? I have just found out he has gotten us into $80,000 in credit card and tax debt without me knowing.
Report Abuse

6 ANSWERS

The division of property and of debt is up to the Court, unless the parties reach rational agreement. You would benefit from retaining a skilled divorce lawyer to advise and represent you.
Answered on Aug 12th, 2015 at 3:12 PM

Report Abuse
Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
Update Your Profile
Not enough specifics to respond. Talk to a local attorney. Generally debt may be assigned by the Judge.
Answered on Aug 12th, 2015 at 9:48 AM

Report Abuse
Wills and Estate Planning Attorney serving Sugar Land, TX at Law Offices of Kimberly D. Moss, PLLC
Update Your Profile
Texas is a community property state. This means that the income that either of you makes from any source belongs to you both jointly. Unfortunately, this also means that creditors can seek payment from either one of you for debts. It may be a good idea to talk to a divorce lawyer about a post-marital agreement, dividing your assets and debts to protect you from your husband's financial troubles. A post marital agreement is a document that you and your husband can execute that essentially removes the presumption of community property and isolates certain assets and liabilities as separate property.
Answered on Aug 12th, 2015 at 9:47 AM

Report Abuse
Divorce & Separation Attorney serving Menasha, WI at Petit & Dommershausen, S.C.
Update Your Profile
Unless he agrees to take the majority of it or you can prove it was for non-marital purposes, you will be responsible for some of the debt.
Answered on Aug 12th, 2015 at 8:45 AM

Report Abuse
You may be responsible for half the debt or the entire amount if your name is also on the accounts.
Answered on Aug 12th, 2015 at 7:19 AM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
It depends on the details, generally debts and tax obligations incurred during the marriage are presumed to be joint. The presumption can be rebutted. If not agreed to in a settlement the issue will have to be decided by the judge.
Answered on Aug 11th, 2015 at 8:59 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters