Am I responsible for my ex-husband’s debt if I live in a community property state?
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Am I responsible for my ex-husband’s debt if I live in a community property state?
I was served with court papers from a collection agency and, that I owe for a hospital bill that my ex-husband racked up 6 years ago. I went into arbitration where the outcome was that I am responsible for said debt. Now, I am getting a letter from collection agency asking for a payment of $300 a month. Ex and I were not divorced until 4 years ago, however in the divorce papers, it states that each is responsible for debt after a certain date (9 years ago). The collection agency already has a judgement against my ex for this. Can they get a judgement against me and garnish my wages?
Asked on February 4, 2012 under Bankruptcy Law, Arizona
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of a community property state, each spouse is responsible for the obligation of the other spouse incurred during the marriage with respect to community property assets.
From what you have written, the hospital bill of your former husband has resulted in a judgment against you and him as well where the hospital is looking at both of your assets for payment on this obligation.
Potentially your recourse is to have your former husband repay you whatever amount you are obligated to pay on this debt under your marital dissolution agreement.
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