What can I do if my girlfriend and I live together but are being sued for medical debts as husband and wife?

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What can I do if my girlfriend and I live together but are being sued for medical debts as husband and wife?

She has some and I have some but these are all separate debts. Yet, they are suing us as husband and wife and have lumped the bills all together. However, we are not married and never have been.

Asked on June 22, 2015 under Bankruptcy Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The answer is, if you are not married, you are NOT responsible for each other's debts, except and only to the extent you chose to personally guaranty the other's debts. You could raise as a defense to a suit for her debts that you are not married to her and therefore not responsible for her debts and vice and vice versa. The fact that creditors may be confused as to your marital status does not make you liable for each other's debts; unmarried adults are only responsible for each other's debts to the extent that they agree to be (e.g. guaranty the debts) responsible.


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