Legal Question in Credit and Debt Law in Washington
credit card debt
My husband is an alcoholic. I have recently found that he has wracked up several thousand dollars in credit card debt with cards under his name only. Am I responsible for these debts?
1 Answer from Attorneys
Re: credit card debt
Washington is a community property state. Everything you own and earn is community property unless or until you separate or divorce your spouse.
A court makes a 'just and equitable' division of the assets and liabilities belonging to the marital community, and apportions those debts to the person to whom the debts belong.
But even if a judge says he has to pay debt XX, that does not prevent a third-party creditor from coming after either or both of you for the debt.
Debts incurred during a marriage are presumed to be for the benefit of the marital community. If you can prove they were not, a judge would likely not find you responsible for those debts, but what I just said about third party creditors still applies.
One thing to consider is the possibility of discharging debts like these in a bankruptcy.
You should consult with counsel. You can look lawyers up on wsba.org or for a little more information, try avvo.com (a v v o)
Hope this helps. Elizabeth Powell