Legal Question in Family Law in New York
spousal debts
Is a spouse legally responsible for his partner's debts?
2 Answers from Attorneys
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.
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