IfI am the prmary holder on credit card debts, how can I get my wife to be legally responsible if she agrees to?

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IfI am the prmary holder on credit card debts, how can I get my wife to be legally responsible if she agrees to?

Asked on December 1, 2010 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Do you mean that she is just an additional card holder and was not an actual signatory on the account?  She did not open it up but she used it as you did, correct?  If she agrees to divide the debt during your divorce then you just write it in your settlement agreement.  Otherwise, if she does not agree to it, you may have to present evidence at trial of her actual purchases as opposed to your actual purchases.  This may be statement by statement and it will be long and drawn out.  Generally speaking debt incurred during the marriage - like assets obtained during the marriage - are considered both of your responsibility.  So you can breath a bit easier.  Good luck.


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