Legal Question in Credit and Debt Law in Florida

Florida debts

I am involved in a lawsuit. My wife is not a party'' to the suit. Only me. In Florida, is one spouse responsible for the debts of the other spouse?

For the deposition, I am asked to provide my wife's personal financial/work info. It also asks for our adult children's info. Do I have to provide info one my wife's or kids?


Asked on 6/06/07, 10:26 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Florida debts

ask your lawyer

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Answered on 6/06/07, 10:59 am
Michael Stewart Michael D. Stewart

Re: Florida debts

It depends on the circumstances of the case. Is she a cosigner on anything, what type of debt, etc.

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Answered on 6/06/07, 11:34 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Florida debts

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If you are the only party to the debt (your wife is not a cosigner) then you should not have to give them any information about her assets. Certainly, your adult children are not a party unless they took affirmative steps to become involved and their information is not required.

Further, you are only required to answer what you personally know about. At a deposition you should advise when you do not know an answer and that should resolve that issue.

Please bear in mind that any joint assets may become at risk should a judgment be obtained by the creditor. I would strongly advise that you meet with an attorney to discuss legal asset protection methods.

Scott R. Jay, Esq.

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Answered on 6/06/07, 11:59 am


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