If one spouse put their brother on a credit card as a signor and the brother used it for himself only, is the other spouse legally liable for the debt?

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If one spouse put their brother on a credit card as a signor and the brother used it for himself only, is the other spouse legally liable for the debt?

Is the other spouse legally liable under community property law?

Asked on April 20, 2012 under Bankruptcy Law, Arizona

Answers:

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

Answered 9 years ago | Contributor

This issue is very different in community property states rather than in equitable distribution states.  Generally speaking, in community property states debts incurred during a marriage are split 50/50 in a divorce regardless of whose name the card is in.  So I would speak with your attorney about this issue and what you need to do to have the debt declared not part of the marital estate.  Good luck.


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