Am I liable for my soon-to-be ex-husband’s credit card debt since we are pre-decree by days?

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Am I liable for my soon-to-be ex-husband’s credit card debt since we are pre-decree by days?

My husband and I have mediated our divorce and are merely waiting for the final papers to be signed. We went on the record and under oath during our mediation. During that time he agreed to take full responsibility for all credit card debt held in his name. Just today he was served with a lawsuit from one of the creditors. Will I be liable now that he has sworn under oath to be responsible for that debt? The card was only in his name and I was not a named party in the suit only he and “Jane Doe”. I want to be prepared if he tries to rewrite our decree even though it is legally binding.

Asked on May 18, 2011 under Bankruptcy Law, Arizona

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your husband will be bound by this agreement but your creditors will not since they are not a party to your divorce action. AZ is a community property state, so typically debts acquired during marriage are presumed to be community debts, no matter whose name that they are in. Accordingly you would also bear responsibility for their repayment.  However, since your husband agreed to take these debts over, to the extent that you must make any payments on this card, your husband can be held liable for repayment to you.


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