If bills are in my name,is husband responsible for repayment?

Question Details: Have credit card bills, debt management can't help because I don't have enough income to make payments. Anyway these bills are in my name I don't work so can they do anything to my husband?

Asked 10/16/2009 under Bankruptcy | 294 View(s) | More Legal Topics

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Peter Grain / Peter S Grain Esq Answered 2 years ago | Contributor with 0 answers This attorney is licensed in Illinois

Generallly, pursuant to the IL Family Expense Act if the purchases were made for family expenses and/or education of the children, your credit card company may attempt collection from your husband but I doubt it because your credit card company bears the burden of proof of such family expenses and education of the children.  Joint bank accounts and jointly held property may be at risk if judgment entered against you.  A memorandum of judgment may be recorded on any real property you own in IL after judgment is entered.

Best Regards,

Peter S Grain Esq  Tel  847-843-2920  Fax 847-843-3638  E-mail iccgrain@aol.com  Website http://internationalcreditcorp.homestead.com  PO Box 3517 Barrington, IL 60011-3517

Asset Protection, Debt Settlement, and Bankruptcy- Attorney IL License

This is not legal advice, should not be relied on and no attorney-client relationship has been established.

If the cards are solely in your name and your husband didn't co-sign for them, then there is nothing that your creditors can do directly to him.  But by virtue of something known as the "law of necessaries", which is followed in some jurisdictions, your husband may have liability for any purchases made for family needs.  As a practical matter, this is rarely done.  However, to the extent that you have non-exempt joint assets, then those assets may be at risk if judgments are obtained against you.

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