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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.