Legal Question in Family Law in Maryland
Credit card and credit line, personal loan debt
Is my spouse responsible for half of all debt incurred during our marriage even if all credit card, credit line and personal loan debt is in my name only (i.e. since I have better credit and already had credit cards purchases were made using my credit cards, my credit line and personal loan in my name only). I have incurred the costs on my credit card for major home improvements (i.e. $10,000 air conditioning, $5000 fence, $4200 furniture). I also used a credit line that is in my name to pay for part of our wedding (i.e. apprx. $5000). Is my spouse responsible for half of the wedding debt also?
4 Answers from Attorneys
Re: Credit card and credit line, personal loan debt
See marylandcustody.com, maybe they can help.
Re: Credit card and credit line, personal loan debt
In a divorce proceeding, when the court is required to dispose of marital property, the debts that are attributable to family purchases will be taken into account in dividing up assets. The court doesn't care whose name is on the account.
Re: Credit card and credit line, personal loan debt
There are marital debts and personal debts, just as there is marital property and personal property.
It is important that you seek legal assistance especially with negotiating and entering a separation agreement (if this is applicable to your situation).
Do not overlook the fact that there are complexities for which only the assistance of an attorney will suffice. General information from the internet is often informative but it does not provide you with
the necessary skill to address complex legal issues. Moreover, your emotional involvment may cause you to accept something that would not be to your better financial interest. Contact an attorney.
Re: Credit card and credit line, personal loan debt
Your husband is not legally responsible for payment to any of your creditors for credit card charges of loans made you you alone. However, in a contested divorce action the judge will consider what the debt was acquired for, whether it was for family needs or for strictly personal expenditures, and what other monetary and non-monetary contributions each party made to the marriage. The judge can't order your spouse to pay any part of debts in your name alone which were used to pay family bills or which constitute liens on marital property, but he can award you a monetary award based in part on your obligation to pay the debts. Assembling and organizing the evidence necessary to deal in court with this matter will be difficult and complicated. Do not try to do it without a competent attorney who practices in the field of family law.
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