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?


Asked on 10/28/07, 8:04 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

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

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Answered on 10/29/07, 12:15 am


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