Can I be held responsible for a financial debt to a business distributor, if I didn’t sign the guarantee?

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Can I be held responsible for a financial debt to a business distributor, if I didn’t sign the guarantee?

He took product and didn’t pay. I had no knowledge as we were separated. He then locked me out of business. I was denied access by landlord and police, who stated it was my ex’s business. How could I be held accountable when I had no way of doing business? We only had a DBA. If they accepted him as the only guarantee on the loan and didn’t rely on the DBA, how can they now use it and include me? I signed nothing. He was awarded all responsibility for the business in our divorce which was final long before this suit was filed.

Asked on May 16, 2012 under Bankruptcy Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is entirely possible that you may be held liable for the debt of your "ex" if you were married to him or her and the debt is not paid. Under the laws of all states, even if you did not sign a personal guarantee for this debt, the maritial laws may hold you responsible for such.

If so, your recourse would be to file an action against your former spouse for payment of such if he was held responsible for all business matters in your marital dissolution proceeding and eventual judgment.


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