If I’m planning on leaving my husband and moving away but don’t want to file for divorce yet, what is recommended to do in order to not be responsible for his debts after I am gone?

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If I’m planning on leaving my husband and moving away but don’t want to file for divorce yet, what is recommended to do in order to not be responsible for his debts after I am gone?

Would a separation settlement agreement protect me? We live in a community property state.

Asked on June 15, 2017 under Family Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is nothing you can do to protect yourself from his debts incurred while you are still married to him in a community property state: just as all assets acquired during marriage are community assets of both members of the couple, so, too, are all debts incurred during marriage community (or basically joint) debts of the couple. To protect yourself, if you are planning on leaving anyway, you should file for divorce sooner rather than later.


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