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