Can I be held legally responsible for my husband’s debt?

My husband wrote a check but he was not able to pay the whole amount off because he got laid off. I did not know anything about it until it went to collections; I now have someone calling and threatning to take us to court. I explained I did not know about it and did not sign any papers. The account it was drawn on was only in my husband’s; my name was not on the account. He said that I am responsible for it to and that they can come after me also. Is this true or is he lying to try to get the money? I am the only one working because my husband’s company closed down.

Asked on September 13, 2012 under Bankruptcy Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country a spouse under each state's marital laws if jountly responsible for the obligations of the other spouse incurred during the marriage. As such, by you being married to your spouse who incurred the debt you are writing about, your share of marital assets are fair game to pay off this debt.

I suggest that you consult further with an attorney that practices law in the consumer law realm.


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