QUESTION
Can I be released from my financial obligations if my husband committed bigamy? How?
Asked on Aug 25th, 2015 on Divorce - Michigan
More details to this question:
I co-signed an auto loan with my (husband) 7 years ago, he ran off with the car, which was later repossessed AND left me to pay back taxes to state revenue dept. and IRS. I just found out 3-days ago he was never divorced from his 1st wife (bigamy). Can I be released from State 'back' taxes we owed (file injured or innocent spouse) Can I be released from car loan as I was defrauded and thought I was signing documents with my husband? I do have court record showing his divorce was 'dismissed' in 2006. He told me he was divorced. We have NO children together.
4 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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These are very good questions, and the answers are not easy or obvious. Some states treat a bigamous marriage as void from the beginning; others do not. It certainly make sense to let all the creditors know that you were not 'really' married to this joker. If you have his present address, to facilitate their collecting from him, even better. I do suggest you consult a capable marital lawyer in your locality who can review all the details and is conversant with applicable State law.
Answered on Aug 26th, 2015 at 10:53 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Only a Judge can decide that issue.
Answered on Aug 26th, 2015 at 8:15 AM
No. Fault is not the basis for dividing debts incurred during marriage. Sorry.
Answered on Aug 26th, 2015 at 12:07 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Bigamy is criminal, but has little to do with civil obligations. Be careful, you could have additional, the same or lower taxes if you refile a corrected return. Seek counsel to make sure you are not hurting yourself.
Answered on Aug 26th, 2015 at 12:06 AM