What is my liability if my husband accumulated debt both before and after our marriage but I’m not on any of his loans and cards and we get a divorced?
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What is my liability if my husband accumulated debt both before and after our marriage but I’m not on any of his loans and cards and we get a divorced?
We are separated. If we divorce and he then files for bankruptcy, will his creditors come after me? He is thinking of filing for bankruptcy and I am trying to find a way for me not to have to as well.
Asked on March 22, 2013 under Bankruptcy Law, Washington
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Unfortunately, you live in a community property state. Therefore, as to the debts that your spouse incurred after marriage, they will be considered as owed by the "community" (both of you), even if only your husband signed the paperwork regarding them. As to the pre-marital debt, it won't automatically become a joint debt unless, for example, you signed as a joint account holder at some point or specific state law provides otherwise.
That all having been said, since each community property state has its own laws with repect to all of this, so you should consider consulting directly with a divorce attorney in your area.
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