Legal Question in Family Law in Massachusetts

divorce

is a spouse responsible for the others debts that are incurred during their marriage if the person defaults on payment? i.e. student loans, credit cards, (in one name only)??


Asked on 8/07/07, 9:49 am

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: divorce

Like property, the court divides debt equitably in a divorce.

If you are concerned only in regard to being sued, you cannot be made liable for a debt not yours unless it was for a "necessary."

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Answered on 8/07/07, 3:01 pm
Jane McGowan McGowan Legal

Re: divorce

In Massachusetts a court will regard all the debts of the parties as debts of the marriage.

However a credit card or loan company cannot hold the spouse liable for a debt that is only in his or her spouse's name and he or she is not on the credit card or loan.

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Answered on 8/07/07, 10:25 pm


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