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

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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

Answers:

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

Answered 9 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.


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