If I have credit cards in my name with community debt on them, will I be solely responsible to pay these?
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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 11 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.
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