Legal Question in Credit and Debt Law in Washington
Unmarried Couple: Division of Liability/Debt
If a couple has shared residence and accumulated debt over ten years (with the intention to marry), how can you legally make sure that the liabilities are divided equally about separation? Keeping in mind that the debt may not have both parties' names attached to it.
1 Answer from Attorneys
Re: Unmarried Couple: Division of Liability/Debt
But they are not married. The Supreme Court of WA recently issued a decision sharply limiting the rights of unmarried persons to share in the property of the person to whom they are not married.
Debt is another matter. Third-parties rights to collect debts are limited to the person with whom they had the agreement re the debt. If both are liable, then the Court will probably apportion liability between the two depending on a number of factors.
Whether or not this was a meretricious relationship is a question of fact for a court to decide. Intentions don't count for nearly as much as people think, it's conduct that matters.
What you need is a consult with a local attorney who practices family law; this is a family law question about debt.
Hope this gets you pointed in the right direction - Elizabeth Powell