If I’m planning on leaving my husband and moving away but don’t want to file for divorce yet, what is recommended to do in order to not be responsible for his debts after I am gone?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m planning on leaving my husband and moving away but don’t want to file for divorce yet, what is recommended to do in order to not be responsible for his debts after I am gone?
Would a separation settlement agreement protect me? We live in a community property state.
Asked on June 15, 2017 under Family Law, Louisiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
There is nothing you can do to protect yourself from his debts incurred while you are still married to him in a community property state: just as all assets acquired during marriage are community assets of both members of the couple, so, too, are all debts incurred during marriage community (or basically joint) debts of the couple. To protect yourself, if you are planning on leaving anyway, you should file for divorce sooner rather than later.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.