Is my husband half responsible for credit card debt incurred during the marriage? Cards are in my name only.?

Question

Heading for divorce. He states that in no way is he responsible although he was unemployed & I was the financially responsible one. The debts started as loans for house construction. The accumulation has been for groceries, gas, medicine and the like. Any information would be appreciated.

Answer 1

First of all, what state are you in? In California, where I'm at, it's a community property state and any debts incurred during the marraige are split equally, regardless of who's name they're in. If you check online for your county/state, there's a ton of self-help info. on divorce that covers any question that could possibly come up. Good luck - sounds like it's a good thing you're getting rid of him.

Answer 2

The credit card company is not concerned with your personal situation or that the purchased items were shared by both of you. The card is in your name; you're the only person they are going to look to for payment. You may be able to get the bigger portion of your assets in the divorce to offset the credit card balance, but don't count on it. Sounds like he will be the type that will spend a fortune in attorney's fees rather than let you get what you rightfully should have. Consider it a life lesson.

Genius Species and Foxhound brought up a very good point: alimony. I agreed to a settlement with my ex 2 yrs ago which gave him 70% of what we had in order to do an uncontested divorce quickly (2 months), and I thank my lucky stars daily because he quit his job the month after our divorce and I keep thinking how close I came to possibly having to pay alimony. Don't squabble over minutia or the fairness of the situation and run the risk of this thing going into court. You would not be the first woman paying an ex alimony.

Answer 3

Whilst they are married, legally he has to take some responsibility for it. Only because when they divide assets/debts in a divorce settlement they take 'all' into consideration. The courts will need copies of her statements, if they were to divorce, to see what the money is being spent on and thats when the husband can plead ignorance/innocence. If she is spending it on herself and not the needs of the family then he has a really good chance of not being responsible for it. He needs to start checking her statements now and photocopy them because if they do divorce, he will need to prove the money was not being spent for the good of the family and to get copies of these statements, it comes with a heavy fee of between $10 and $50 per monthly statement. Good luck!

Answer 4

Bring these up in divorce court and let the judge make him half responsible for any and all marital debt. Courts dont really care what he says, the judge has the final say so and what he says goes into the divorce decree and he has to follow or face the consequences if he doesnt In your case,the law is on your side. Good luck

Answer 5

That depends on the law of the state where you live. In general, credit card debt incurred during the marriage is subject to equitable division. But, even if divided that does not end the problem. If the cards were in your name and he is ordered to pay part or all of them the credit card issuer is not bound by that order and may look to you for payment in most states. Good luck.

Answer 6

Technically yes. But you have everything in your name right? Who signed on the card when it was used?

He could easily say you just spent the money and the burden of proof would be on you. What proof do you have that you had blended your finances?

Here's the thing. You have to look at what you owe. If you have a house, or were doing remodeling your have some credit and assets. You press the point and he could counter sue for the house, cars, retirement or even alimony. You might even lose everything so tread lightly.

Answer 7

If your are in England the answer is yes. There are still some archaic laws, one of which says that a husband is responsible for his wifes dbt, however incurred and regardless of whether it was in joint names. However, a wife is not responsible for her husbands debt unless it was in joint names.

This dates back to the times when women were not allowed bank accounts in ther own right.

Answer 8

Just put it in your divorce papers that you are not responsible and tell your lawyer you want your husband to pay the debt off and that can be done..

Answer 9

Yeah, he is responsible for the part he charged but legally you are screwed. If the cards are in your name and your name only all he has to say is that he didn't charge sh**t on them. Also, if you were supporting him you are likely to end up paying HIM alimony. You supported him during the marriage they could make you after, if he asks for it. Sorry, but you are going to get stuck with ALL the bills.

Answer 10

I don't think he's legally responsible for the monies owed unless you can prove that the purchases were for the house or something for him, etc. Dig out receipts and old statements to prove it. Put it down on your divorce papers and talk to the judge.