Legal Question in Credit and Debt Law in New York

SPouse Responsibility for Debts

Is a spouse legally liable for the credit card debts of her husband even though her name is not on the credit card account? Is the liability at death or at the point of marriage?


Asked on 8/04/03, 9:34 am

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: SPouse Responsibility for Debts

Unless liability is from a necessity, as defined by the NY General Obligation Law, or unless a guarantee was signed, a spouse that does not have his or her name on a credit card is not responsible for its charges.

Mike.

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Answered on 8/04/03, 9:44 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: SPouse Responsibility for Debts

While there is no liability for a spouse at any point for the debts of a spouse, a court may order one spouse to pay the other's credit card account as a part of a divorce order.

Another way is for the debt-free spouse to make a written promise to pay the debt. There are a couple of more variations in which the spouse would be liable for the other spouse's debts, but I don't know whether I am getting beyond the focus of this question.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 8/04/03, 6:52 pm


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