Legal Question in Family Law in Minnesota

Re: Husband is being very impulsive with credit...

Thank you for your question. This sounds like a truly miserable situation, and one in which you are right to be concerned about your credit and liability for debts your husband has incurred during your marriage.

As a general rule, debts that he incurrs in his name alone during your marriage will be his own responsibility, unless they were for the benefit of the family. If you look through my earlier postings here at Lawguru(on the third page of my postings, I believe), you will find a general message that I filed regarding one spouse's liability for the debts of another. Although you may not be liable for his debts, since you did not sign his credit applications (I presume), if he is sued by his creditors their judgments will become a lien against your home, since it is owned jointly by you and your husband.

It sounds as though there is no meaningful opportunity to get psychological help for your husband, and that things have reached the breaking point. If that is the case, and you have already decided to start a divorce proceeding, you would be well advised to do so soon. I do not want to sound as though I am encouraging you to get divorce as a means of preserving your credit. However, if you have already considered the issue and reached a decision in your mind, then you should certainly proceed promptly.

There are far too many questions implied in your message to permit a reasonable response at this time. If you feel that you need additional information, please feel free to contact my office at your convenience. My contact information is below.

Again, thank you for your question, and good luck.

Re: Husband is being very impulsive with credit...

I just checked my posted answers. The information on liability for debts that I referenced in my earlier message can be found under this heading, in the third page of my collected answers:

Divorce and debts -- the limitations of a decree

I hope you find this helpful.

Good luck.

Re: Husband is being very impulsive with credit...

You should talk with a family law attorney and a bankruptcy attorney. Both avenues should be considered in helping you with this situation. Herb Kroon in my office handles the divorce end and i hand the bankrupty end. Give us a call.