Legal Question in Family Law in California
I have a few credit cards where I allowed my wife to be an authorized user of them, they were stores like Victoria Secrets, I got the card and put her down as an authorized user. So, now we are having marital problems, does she have any obligation to the debt she has charged? If we divorce? I also have other cards where I just let her use them online to make online purchases. Am I screwed if she just decides to not help out with these bills anymore?
1 Answer from Attorneys
Debts incurred during the marriage are community debts that must be split along with any other assets and community debts in the course of a divorce, regardless of whose name is on the account or who makes the charges. Only debts that pre-date the marriage or that are incurred after separation with intent to divorce are assigned to the person who incurred the debt. That is, by the way, why we always advise closing all credit accounts as soon as possible once you separate and intend to divorce, not wait until you file, or heaven forbid wait until the divorce is ready for judgment..
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