Legal Question in Credit and Debt Law in Wisconsin

Am i responsible for my spouses credit card debt if the account is in his/her name only


Asked on 1/22/10, 3:38 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Yes, under Wisconsin's marital property law, marital property such as wages of the non-obligated spouse can be used to satisfy a marital debt of the other spouse, even if they are not on the card. However, there is a relatively simple agreement which married couples can enter into which allows them to avoid this by opting out of the marital property law. Such an agreement is only effective, however, if the creditor is properly notified of it prior to extending the credit. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you are welcome to contact my office to discuss retaining me or to set up a free initial consultation at my office in Racine. I also can sometimes arrange to travel outside of Racine for initial consultations if absolutely necessary.

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Answered on 1/30/10, 2:20 pm


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