If I have credit cards in my name with community debt on them, will I be solely responsible to pay these?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I have credit cards in my name with community debt on them, will I be solely responsible to pay these?

I obtained credit cards during the marriage in my name only, with purchases made solely for household living expenses. My husband agreed to pay these off when we decided on divorce but has changed his mind 3 months later because “they aren’t in his name”. Am I responsible to pay these?

Asked on August 4, 2012 under Family Law, Arizona

Answers:

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

Answered 8 years ago | Contributor

Community property is property acquired during marriage.  Community property also includes income and debts incurred during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income and debts incurred before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

Since the credit card debt was incurred during marriage, the debt is community property.  Both you and your former spouse are liable for the credit card debt incurred during marriage.  Creditors will claim that since the debt was incurred during marriage, both you and your ex-husband are liable.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption