If my husband incurred lot of credit card debt in my name and I file for divorce, will I still be responsible to pay all that debt?

He handles the finances.

Asked on September 11, 2012 under Family Law, Texas


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

Answered 8 years ago | Contributor

Since the debt was incurred during marriage, creditors could go after both you and your husband.  A debt follows the debtor.  You would still be liable for the debt after divorce.  You and your husband might want to consider filing bankruptcy.  Depending on income and other factors, you may be eligible to file Chapter 7 bankruptcy, which is straight liquidation which eliminates certain types of debt.  If you are not eligible for Chapter 7, you and your husband could file Chapter 13 bankruptcy; however, Chapter 13 requires a plan (budget) for repayment of creditors.

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