Am I responsible for any debt onmy husband’spersonal accounts before we are legally separated?

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Am I responsible for any debt onmy husband’spersonal accounts before we are legally separated?

We can’t file for separation until we sell our home. Meanwhile, he has lost his job and is running up debts on his credit cards, which are in his name only. All of our joint responsibilities are being taken care of, but I wanted to make sure that I won’t be held responsible for any debt he incurs on his personal accounts as this is all happening before we have legally filed for separation.

Asked on April 20, 2011 under Family Law, North Carolina

Answers:

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

Answered 10 years ago | Contributor

What you hope and what may result may not match up here.  I would go and seek legal help in your area as soon as you can.  If the reason that you can not file for separation until after you sell your home is monetary (which would also preclude you going to see a lawyer) I would scrounge up whatever you can to ask an attorney to file and serve at least a summons with notice or whatever legally appropriate document to file in court to obtain a date certain for the court to see that there was an intention to be separated and to have your assets and liabilities be considered separate from that point on.  Good luck to you.


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