Legal Question in Family Law in New York

spousal debts

Is a spouse legally responsible for his partner's debts?


Asked on 4/16/08, 4:08 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: spousal debts

A person is responsible for the debts of another only if he/she agrees to be responsible in writing. Signing a certificate of marriage is not sufficient; the debt has to be specifically identified.

However, a creditor may seize property held by the debtor even if the spouse has a 1/2 interest in the property (joint ownership).

There are reasons to keep finances separate (creditors) and there are reasons to put together (join) your finances (taxes and probate/estate issues).

Your choices in this matter of how to handle and organize your finances is something that you do want to discuss with a competant attorney.

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Answered on 4/16/08, 4:17 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Re: spousal debts

When were the debts incurred?

Were the debts incurred under a joint credit account/card, i.e. in both parties' names?

If yes, you may still have language placed into your divorce agreement that will absolve you of these debts.

Abdul Lloyd-Bey

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Answered on 4/16/08, 4:58 pm


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