Canmy husband be legally held responsible for my credit card debt?
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Canmy husband be legally held responsible for my credit card debt?
I incurred credit debt on a card in my maiden name. I have been served a summons because I don’t have a job no money to pay I don’t have any kind of property or even a car I’ve been married for about 3 years. Would my husband be held responsible for my debt and I receive a default judgement? We don’t have any kind of joint properties everything we have is separate.
Asked on February 16, 2012 under Bankruptcy Law, Kansas
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If this is a debt you incurred while you were married, it is considered marital debt and therefore you would be held responsible for the debt and so would your husband. It would make no difference if the debt was in your maiden or married name. The issue would be whether the credit card company or the collection agency it hires would be able to figure out to whom you are married and be able to obtain a judgment against him arguing it is a marital debt. If you receive a default judgment, the real concern would be how the company would locate assets and figure out your husband's and whether your husband would then need to be sued to obtain a judgment against accounts in his name.
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