If I am soon to be divorced and while separated my wife ran up a joint credit card, can she stick me with the debt?

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If I am soon to be divorced and while separated my wife ran up a joint credit card, can she stick me with the debt?

When we separated she charged up the credit card and after she did so she said she wasn’t going to pay because she was paying for the apartment (she kicked me out of) and that I was going to get stuck with the card. The divorce hasn’t occurred yet but in the mean time is there anything I can do to make her help me or anything?

Asked on November 19, 2011 under Family Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  Have you and your wife sat down yet to divide assets and debt?  Because that is the time to bring this issue up.  If there can be a date certain that the court can look at or that the parties agree to that income and debt can be seen as "separate" then from that point on the court will not charge one for the other's foolishness, as here.  And it is certainly something that you should argue to the court.  But in some strange way your wife has a point about the apartment because you were obligated to pay the rent and utilities too if still on the lease, again subject to agreement.  So you have a lot of discussing to do here.  Good luck.


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