Legal Question in Family Law in Indiana

Spousal responsibility for credit card debt

What is my responsibility for paying the credit card debt of my

spouse if my name is not on the credit card and if neither my

income nor my credit rating was considered in applying for credit?


Asked on 1/19/04, 11:02 am

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: Spousal responsibility for credit card debt

If during the course of a dissolution proceeding the credit card bills are in the name of one spouse only, then if the expenses were incurred for the benefit of the family, the general rule is 50%. After the general rule, you make the argument that the bills were not for the benefit of the family, only benefitted the particular spouse who was able to obtain credit, were incurred before the marriage, and so forth. As to a creditor seeking payment, he would have to prove that the expense was for a "necessary" item of family support. Most will not go to that extent if you have not signed for the credit expense. There is a presumption in marriages that regardless of whose name a bill comes in it is a family responsibility, it took two to make your financial mess, and so forth when it comes to dividing the bills up.

Read more
Answered on 1/19/04, 12:04 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Indiana