Legal Question in Family Law in New Mexico
Liable for bills not signed for?
I have filed for divorce on the grounds of adultery. My spouse has recently purchased a new vehicle and I didn't sign the paperwork--he signed my name in my absence. He also took out a loan that he signed my name in my absence. Am I liable for these debts? There are also other bills such as phone, etc. that are only under his name and which he makes most of the long distance charges. Am I liable for these bills since my name is not signed on the contracts or do I have to pay for half?
1 Answer from Attorneys
You should take some steps now.
As a general rule, you are not liable for debts incurred by your husband. There are three major exceptions to this. 1) You may be liable for providing necessities of life (food, clothing, shelter, etc.) for your husband; 2) You may be liable for contracts if your husband signed your name under conditions that create an agency relationship such as a power of attorney or a history of allowing him to sign your name; 3) You will be liable if the divorce judge orders that you pay his debts. To protect yourself, you should immediately send letters to all creditors stating that you are not liable for his debts, letters to the people with the contracts containing the forged signatures, and seek orders from the divorce judge protecting you.
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