2007-03-14 05:15:46 · 21 answers · asked by Mr Muggles 1 in Family & Relationships ➔ Marriage & Divorce
I am in the UK and not legaly seperated (I think) we have just been apart.
2007-03-14 05:38:09 · update #1
It really depends on the laws in your state. I work for a bankruptcy attorney in NC and here, as long as your name is not on the cards, or you are not a co-signer or authorized user, it will not affect you. I would advice you to call a bankruptcy attorney in your area and find out. Most of them will answer this type of question for no charge!! Good luck!
2007-03-14 05:32:35 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I am in the mortgage business. Anything that is on the credit if it is considered "joint" is both of your responsibilities unless you had a formalized "separation agreement" specifying that certain debts belonged to you and other debts belonged to her. However there is hope. If you move towards divorce, which is a formal ending to the union, you could secure an attorney and list in the divorce decree that while you were separated, formally or informally, she acquired this new debt on her own. Doubtful she can or would be able to contest this unless children are involved...then she could say she acquired the debt to care for the children. If you are paying any sort of support if there are children involved, make sure you can prove this support...as it will help in contesting unnecessary debt accumulated on her behalf. A good paper trail always helps.
2007-03-14 12:32:17 · answer #2 · answered by Suzanne 4 · 0⤊ 0⤋
This is more of an idea than a suggestion... but i know someone who did this.
The same happened to him and his ex-wife....... let her rack up all the debt she can ,even accure some yourself, then when you think you've taken enough vacations or purchased enough on your credit cards, ask her for the divorce. What she is awarded in the divorce will become her debt, no longer yours (get that in writting), then file for bankruptcy after divorce....
I know alot of people get sketchy with bankruptcy, but your life isn't ruined.. Car dealerships and credit card agencies with be all over you trying to help you repair your credit. The only downside is if your wife is awarded the house.....then you may have to wait like 3yrs befor purchasing again. But make sure its worth it!
If not...... close all your open accounts, and make her ask you for the money instead of the bank!
2007-03-14 13:13:31 · answer #3 · answered by melissa 2 · 0⤊ 0⤋
Yes. Without legal documentation (divorce or legal separation) each spouse is responsible for the other spouse's debt whether their name is on the note or not. And it doesn't matter if you weren't aware of what she was doing.
It's time to get an attorney and get the ball rolling. Sorry you are learning the hard way. Been there, done that.
2007-03-14 12:46:55 · answer #4 · answered by Stefka 5 · 0⤊ 0⤋
You need to look up the laws in the state you live in. Here in Washington state, if you are legally separated, the debts that she made after the separation cannot touch you unless you get back with her.
Other states may have different rules concerning that.
Good luck to you!
2007-03-14 12:20:29 · answer #5 · answered by thezaylady 7 · 1⤊ 0⤋
If you live in a community property state and are not Legally Separated, then yes, you owe one-half of any debt incurred during the term of the marriage.
I would seek legal counsel and start divorce proceedings before you are further damaged.
2007-03-14 12:23:41 · answer #6 · answered by Starla_C 7 · 0⤊ 1⤋
If you aren't legally seperated then you might have problems..that is why you go to a lawyer adn get legally seperated , meaning anything they do wont effect you during the seperation.
2007-03-14 12:43:09 · answer #7 · answered by ERICKSMAMA 5 · 0⤊ 0⤋
You are absolutely responsible, especially if she has built up joint debts. Possibly not, if it is her individual debt. If you are headed to divorce, you'd better consult a good lawyer because she is setting you up for a wipe out!
2007-03-14 12:20:01 · answer #8 · answered by downinmn 5 · 1⤊ 1⤋
YES, YES, YES!
I ended having to pay OFF my ex-husbands car, because he stopped making payments and the creditor was coming after me. I did seek legal advice, and Family Law cannot supersede Corporate Law.
It was a $14,000 lesson.
2007-03-14 12:21:23 · answer #9 · answered by Anonymous · 1⤊ 1⤋
If you are still married to her, then yes. Get yourself a lawyer ASAP and find out what you need to do before she ruins you financially.
2007-03-14 12:25:23 · answer #10 · answered by Shelley L 6 · 0⤊ 0⤋