hat to do if I’m in a second marriage and my husband has alot of debt?

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hat to do if I’m in a second marriage and my husband has alot of debt?

We both operate financially independent of each other. In fact, we live in different towns due to our work. Am I responsible for his debt if my name is not on his credit cards and I have not been responsible for any charges on his credit cards? Am I responsible for his medical bills if my name is not listed as the guarantor? These financial issues may lead to a divorce, especially if it is the only way to seperate myself from his financial issues/poor choices.

Asked on October 29, 2012 under Family Law, Mississippi

Answers:

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

Answered 8 years ago | Contributor

If you live in a community property state, community property is property acquired during marriage.  Community property also includes income during marriage.  Each spouse has a one half interest in the community property.  Community property also includes debt incurred during marriage.  If your husband's debts were incurred during marriage, his debts are community property and both you and he are liable.

Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income and debt before marriage or after the marriage ends.  A spouse has no claim to the other  spouse's separate property.  If your husband's debts were incurred before marriage, the debts are his separate property and you are not liable.

If you don't live in a community property state, other rules may be applicable.


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