Legal Question in Family Law in New York
Are both spouses responsible for debts, in one name only,that were accumulated d
During our marriage my husband routinly allowed me to sign his name. This included bills, contracts, credit cards. We are now seperated, divorce final this summer. 3 credit cards and loans are in his name only, but when we got them he asked that I sign his name, I did so. Up to now I have been paying them, at the present I find that it is exceedingly difficult to do so. Is he liable for these debts. They do not appear on my credit report, only his.
What if I stop paying them, he insists that I could go to jail since I signed his name, but he is the one that requested I do so. He says he would deny it now in court.
Am I stuck with these bills. I paid off his vehicle and gave him 50% of everything else, he only paid for mortgage, none of all the other living expenses while we where married. At the seperation I did not have any attorney and he insisted the bills where mine, since he works in law enforcement I beleived him. But now I have to question it.
Can you please help me. Thank you very much.
1 Answer from Attorneys
Re: Are both spouses responsible for debts, in one name only,that were accumulat
Hello. Regardless of who signed the checks, loan/credit applications, etc., both parties are responsible for marital debt. As for signing your husband's name on his behalf, you may certainly be able to argue that he was fully aware and consented; signing a spouse's name is not uncommon or unheard of, and he arguing that he was unaware may not hold water for a number of reasons... You would have to provide more details about your divorce/separation before I can give you an accurate assessment of your options...
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