Am I responsible for my husband’s credit card debt when the card is in his and his mother’s name?

UPDATED: Dec 17, 2011

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Am I responsible for my husband’s credit card debt when the card is in his and his mother’s name?

My husband has only one credit card and it is in his and his mother’s names. My name is not on it. We are going through a divorce and he is claiming I am responsible for 1/2 the balance.

Asked on December 17, 2011 under Family Law, Oklahoma


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The fact is that the financial burden usually lies with the person who opened the specific credit card account, so as long as you are not listed it you should have no liability for any amounts owed. However, if you used your husband's card, the you might be held for those expenses. Otherwise, as stated, a court will not consider that debt marital and the responsible party will have to pay it in full.

Without more details it's hard to advise further. At this point, you should consult directly with a divorce attorney in you area. They can explain your rights/responsibilities more fully to you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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