Am I responsible in any way for my spouse’s unsecured credit card debt from 4 years ago if we don’t own any common property?

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Am I responsible in any way for my spouse’s unsecured credit card debt from 4 years ago if we don’t own any common property?

At a time when we lived in separate states, my husband opened several credit card accounts without my knowledge. He was (as still is) unemployed and is unable to pay the debt. We now live together, and in this state, default judgments have been issued against him due to default. Because my name is not on any documents and we do not own common property, he feels I cannot be harmed. I’m not so sure any longer. Does it matter that we used to live in one of those 10 community property states and this is where he took on this debt? What, if any, is my obligation?

Asked on December 17, 2011 under Bankruptcy Law, Iowa

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

if the judgments that you have written about are solely against you husband, your own separate assets cannot be levied upon for satisfaction of this debt. However, depending upon the laws of the state that you live in, the marital assets that you and your husband each own a half of can be subject to a levy regarding the judgment with respect to your husband's one half interest.

The key is what marital assets you and your husband presently have regardless when they were acquired and in what state? I recommend that you consult with an attorney who practices debt collection law about the situation you have written about.


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