Legal Question in Credit and Debt Law in Washington
Divorce & Credit Debt
I live in community property state and divorce is final. We never commingled accounts, yet now his credit union is coming after me for his $16000 debt. Can they do that? I never signed anything
2 Answers from Attorneys
Re: Divorce & Credit Debt
Dear Sir/Madam:
Generally, debt incurred during marriage may be considered community property debt. Whether or not the account was under your spouse's name only may be a factor, as well. All this depends on further facts of your case.
Contacting an attorney may be a good idea.
Thank you.
Respectfully.
Re: Divorce & Credit Debt
Yes, unfortunately for you they can. Please check your dissolution decree and see if it has a hold harmless clause or a debt allocation section.
If a creditor is coming after you for a debt that is your ex's debt, you can sue him for failing to pay his debt. You can recover fees and costs for this too.
Where it gets ugly is when the defaulting party takes a bankruptcy. If you don't take a bankruptcy too, you can be left holding the bag.
Hope this helps. Elizabeth Powell