Legal Question in Family Law in New Hampshire
Charge Card Responsability
If my wife gets charge cards in her name only, while we are married, Am I legally responsable for her charge cards if we get divorced? If so how can I have her not be able to get any new cards and/or be able to charge on them, while still being able to use my own.
1 Answer from Attorneys
Re: Charge Card Responsability
Normally, a credit card company is only going after the person on the charge card application, although the application can be made jointly, in which case either party will hear from the credit company if the bills are not paid. If your wife applied for her cards based solely on her own income and credit and does not pay, then a company can still go after her assets, which would include the marital assets you share prior to a divorce. All marital assets and debts (typically those acquired during the marriage, including assets acquired with income from either party) are divisible "equitably" by a court at the time of the divorce. A lot of factors go into the "equitable" distribution of assets and debt at the time of the divorce. Typically, the court makes orders at the outset of a divorce case that are supposed to "freeze" the marital assets to a certain extent.
Kerry Barnsley
Kerry Barnsley, Attorney at Law
P.O. Box 2372