Legal Question in Credit and Debt Law in California

Can I be responsible for my spouses credit card debts?

I've been married 2 years. My husband had multiple credit card debts before and during our marriage. We both live in California, but were married in Nevada. I never changed my name and all his credit cards are in his name only. I have made some payments on his cards since we've been married. My question is, now we are separated and it will cost approx $700 for us to get a divorce which we can't afford. Unlike him, I have perfect credit and no debt. Should I spend the $700 to get the divorce because it will clear me of responsibility for his credit card debts incurred before our marriage, during our marriage and after our separation? Should I get a ''legal separation'' to protect myself from responsibility for any of his debts from this time forward'' What if he dies while we are still married (even if separated)- will I be responsible for his credit card debts?


Asked on 10/30/06, 8:10 am

1 Answer from Attorneys
Samuel Lovely Law Office of Samuel Lovely

Re: Can I be responsible for my spouses credit card debts?

Absent unusual circumstances, you are stuck with half of all debts acquired after marriage and before separation (i.e. when you moved out). A legal separation is almost exactly the same as a divorce, you're just technically still married. Regardless, if he has more income than you or you own a home together you can afford to get a divorce. Please contact me for a free consultation.

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Answered on 10/30/06, 6:40 pm


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