Legal Question in Credit and Debt Law in Connecticut
Spousal Debt Obligations
I recently discovered that my wife is a compulsive debtor and over the course of the past year has diverted community property for her own personal use, primarily savings. During the past year she compiled a sizable amount of charge card debt both jointly and in her own name. Once I discovered the problem I immediately payed off the debt she had accumulated under our joint accounts and these accounts were then closed. This left approximately $45,000 in debt still owed under charge cards held in her own name. As this entire process involved a significant amount of lying and deceit over an extended period of time, including diverting my mail to a P.O. Box, I plan on filing for divorce shortly. Recently though my wife informed me that I am equally responsible for the debt that she compiled under the charge cards held in her name only even though I never signed anything or knew these accounts existed. Is this true?
1 Answer from Attorneys
Re: Spousal Debt Obligations
You are not responsible for any debts incurred on credit cards that aren't in your name. Simply being married to a deadbeat doesn't make you one. In order to be liable on a credit card, you have to affirmatively choose to do so.
As for the jointly-held cards, your wife owes you for the amounts you paid. Even though you two were jointly liable to the card company, as between the two of you, she is your debtor, because you discharged her obligation but received no benefit for it. You should raise this issue in your divorce proceeding.
Sorry for your trouble, and good luck.
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