Legal Question in Family Law in New York

separation

hello question im married my husband had bills before we got married im thank about separation what can i do to protect myside from his bills.


Asked on 1/28/04, 3:09 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: separation

I am sorry your marriage has not worked out well.

Divorce is a big step, but if you feel that it is the best step for you then I am available to assist you in preparing documents and drafting a separation agreement.

Regarding your question, generally your husband's debts remain his. You are not responsible for the debts of another person without a signed agreement.

While there may be legal arguments to hold you responsible, it would be very rare for any creditor to even consider such options.

I can discuss those possible, rare situations where you would be held liable with you. But, briefly, they lie in the area of 'estoppel'. The creditor would have been asked by YOU to rely on YOU for payment.

Alternatively, you would have had to have benefitted directly from the debts in ways more substantial and deep than just being asked to pay for a car in which you had been given a ride. An example might be: if the debt is the mortgage on a hotel, you might have used the hotel for a convention/seminars for your business without paying anything to the hotel (you treated the property as your own and benefitted from that use financially).

We are getting a little deep into this issue. This will rarely come up. Very, very, very rarely.

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

Read more
Answered on 1/29/04, 12:22 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York