What to do if my spouse had credit cards prior to our marriage but added me as a credit card holder after we married.and now that debt is showing on my credit?

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What to do if my spouse had credit cards prior to our marriage but added me as a credit card holder after we married.and now that debt is showing on my credit?

Can I do anything? She claimed bankruptcy.

Asked on April 13, 2013 under Bankruptcy Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you had not been added as a credit card holder to your wife's credit cards, you would not be liable for her debt since her debt occurred prior to marriage.  However, since you were added to those accounts, you are liable for her debt.  It would be advisable to file bankruptcy.  When one spouse files bankruptcy, the other spouse should also file bankruptcy; otherwise, the creditors will go after the spouse who did not file bankruptcy.  Depending on your income and other factors, you may be eligible to file Chapter 7.  Chapter 7 bankruptcy is straight liquidation which eliminates certain types of debt.  If you are not eligible to file Chapter 7, you can file Chapter 13; however, Chapter 13 requires a plan (budget) for repayment of creditors.


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