Legal Question in Credit and Debt Law in North Carolina

Do I need to obtain a divorce from my husband who is being sued in order to protect myself?


Asked on 8/04/10, 8:58 am

1 Answer from Attorneys

Protect yourself from what? Is this for a debt? What kind of debt? If it is for a hospital debt, you may be liable for the bill anyway because you were married at the time treatment was administered. In that instance, divorce will not help. If its for credit card debt or something only in your husband's name, then you do not need to worry. A creditor can only attach assets that belong to your husband. If you and your husband own land as husband and wife, the creditor cannot touch it. I would need to know about other assets. You should have your own bank account without your husband's name on it so the creditor cannot take that. You also need to fill out separate tax returns, as in "married, filing separately" if there is a child support debt owed by your husband.

Beyond that, I would need to know your assets, but other than a debt for necessaries (like a hospital bill), I cannot imagine why you would need to get divorced.

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Answered on 8/13/10, 10:25 pm


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