you and your spouse went into debt together while married, but the debt is solely in your name, how does that get settle out in court?

Asked on June 3, 2009 under Family Law, Washington


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are currently going through a divorce your best bet would be to discuss this with your attorney who has a clear picture of what your financial situation looks like as well as extenuating circumstances that effect the outcome

In short when people acquire debts the debts are the responsibility of whomever's name is listed on the debt and as such anything obtained as a result also is that persons

If you got into debt while married but it was all in your name this may pose a problem as the court can find you responsible. However this is where the extenuating circumstances will come into play to allow the court to possibly rule otherwise if evidence is presented that would show you are being treated unfairly if solely responsible based on the past presented to the court

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