Legal Question in Family Law in New Jersey

credit law/

during a marrige is one spouse responsible for the credit debt incured by the the other spouse in their sole name.


Asked on 8/23/07, 11:48 am

3 Answers from Attorneys

Barry Kozyra Kozyra & Hartz, LLC

Re: credit law/

Under NJ's law of equitable distribution, all assets and debts acquired during the marriage are to be equitably apportioned between the parties.

The answer does not end there as there may be reasons to adjust the percentage allocation (as where the debt is for one parties' vices, e.g., gambling).

Consult with counsel for a fuller explanation. If you care to contact this office, we are in Roseland.

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Answered on 8/23/07, 4:19 pm
Robert Davies The Davies Law Firm, P.A.

Re: credit law/

there are several parts to the answer to this question. probably easier to explain in a telephone call.

quite often, one spouse is responsible for the other's debt.

yes, if you signed as cosigner, or applicant, and maybe even if you are an authorized user on the credit card and used that card a lot.

yes, if the goods and services purchased were 'necessaries' as defined under NJ law.

yes, if a divorce judge says you have to pay for your spouse's debt as part of any divorce.

that is only part of the answer.

Your question is pretty clearly part of some larger issue, and it is very VERY likely that you need accurate legal advice.

If you would like, give me a call; I am in Hackensack (northern New Jersey). I will be happy to discuss this with you; a brief telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 8/23/07, 12:03 pm
Gary Moore Gary Moore Attorney At Law

Re: credit law/

Usually marital debt and assets are ditributed between the parties to a divorce. A thorough discussion of your marital situation is required to give an accurate answer to your question.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 8/23/07, 12:29 pm


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