Legal Question in Family Law in Tennessee

How to separate without being liable for the other parties personal debts?

My parents have been separated for nearly thirty years, although not legally. They have run separate households since that time. My father now has cancer. I have discovered that he has amassed a great deal of credit card debt. How can my mother avoid being liable for this debt? Is there any way she can legally divorce or legally separate from him and have him to assume responsibility for these debts?


Asked on 12/30/03, 12:59 pm

2 Answers from Attorneys

Susan Frederick Susan S. Frederick

Re: How to separate without being liable for the other parties personal debts?

Generally, a person is liable for credit card debt only if he/she signed the original credit card agreement. Therefore, if your mother did not enter into the credit card agreement with your father, she is not liable for the debt. However, there may be some laws in Tennessee which cover spouses' obligations to support each other. You should seek advice from an attorney in the state in which your father lives.

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Answered on 12/30/03, 1:45 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: How to separate without being liable for the other parties personal debts?

Generally speaking, your mother is not automatically liable on your father's credit card debt simply because they are married. She might be liable on some of the debt if she in fact signed the credit card application or used the credit card. Both you and your mother however still stand to lose out potentially, if your father dies owning assets in his own name, after which the credit card companies can file claims against his estate, or even force an estate to be opened in the probate court and then deplete the estate assets, leaving little or nothing for your father's heirs. I would suggest that your father might want to talk with a bankruptcy attorney to consider filing bankruptcy and having those debts discharged while you father is still alive. Good luck.

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Answered on 12/30/03, 6:23 pm


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