Legal Question in Family Law in Florida
canadian married an american
my canadian sister married and american in Florida in 1991, they lived together less than 3 months and she returned to canada. never filed for divorce. If the american guy died right now , is my sister responsible for his debts even if they lived 3 months together and havent seen each other in 18 years. She cannot locate this guy in USA
1 Answer from Attorneys
Re: canadian married an american
To the creditor, your sister would only be responsible for the debts in which she signed the note or cardholder agreement. Just because she is married, does not make her jointly liable (to the creditor) of all of his debts.
Were he to reside in Florida, and file a divorce here, a judge could hold her responsible for a portion of his debt that was incurred during the marriage, as part of the equitable distribution of their assets and liabilities. But given the long period of their separation, that probably would not happen.
Still, she should get divorced in Canada. I would assume there is a way to do so, when one cannot locate the other spouse.
Mark Hanks
Attorney Hanks, PA
St. Petersburg
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