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

UPDATED: May 16, 2012

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UPDATED: May 16, 2012Fact Checked

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

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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