debt liability for spouse?

[ric1287]

So my brother's crazy (soon to be ex) wife has a massive amount of debt. Since they still live together, debt collectors call up the house looking for money. One particular company calls frequently, and tells my brother the other day that he is liable and his credit can be messed up because of this.

Now the question, is my brother liable for this debt even though he is not on the account? They have seperate bank accounts and credit cards, and he is worred she will screw him. Any ideas?

 

[spidey07]

Her debt is his debt. He needs to talk to a lawyer for some kind of action to be taken.

-edit-
This happened to a few of my friends. Wife goes crazy and spends 10s of thousands of dollars on credit card then bolts. Hubby is now responsible for the debt or at least half of it.

 

[JS80]

Originally posted by: spidey07
Her debt is his debt. He needs to talk to a lawyer for some kind of action to be taken.

but she still gets half his assets right?

 

[ric1287]

even if his name/social sec # is nowhere on the account?

 

[waggy]

Originally posted by: JS80

Originally posted by: spidey07
Her debt is his debt. He needs to talk to a lawyer for some kind of action to be taken.

but she still gets half his assets right?

not always true and becoming less routine.

 

[Aikouka]

Originally posted by: spidey07
Her debt is his debt. He needs to talk to a lawyer for some kind of action to be taken.

-edit-
This happened to a few of my friends. Wife goes crazy and spends 10s of thousands of dollars on credit card then bolts. Hubby is now responsible for the debt or at least half of it.

Really? I thought it wouldn't matter since the account is in one name only and not joint. I'm thinking what you may be referring to is how certain joint assets (cars, houses, etc) are used against the debts and in that way, it can screw the other unaffiliated party over.

 

[ric1287]

they rent a house, and the only joint anything is the car.

 

[Ns1]

Wouldn't it matter when the debt was obtained? AFAIK if she got the debt BEFORE marriage wouldn't that be hers, and if after marriage then both?

 

[kranky]

I don't see how he is liable, if he's not named on the account.

 

[ric1287]

i found this.........

"Expenses that were incurred solely for the benefit of one spouse, such as a vacation for one spouse, or a hobby of a spouse, may be left as the responsibility of the spouse who obtained the benefit. However, in most community property states, both spouses are equally responsible for the repayment of debt incurred during the marriage, even if only one spouse enjoyed the benefit."

http://family-law.freeadvice.com/divorce_law/debt_incurred_marriage_divided.htm


Sounds promising.

BTW, she acquired this new debt durring the marriage. My bro unfortunately took on her previous debt once they got married.

 

[Genx87]

Your bro made a bad mistake, he knew she was an idiot before marriage but married her anyways. The result shouldnt be a surprise. Unfortunately by the time he runs this though the court system he might be able to break even years down the road. But chances are he will get stuck anyways.

 

[dartworth]

Originally posted by: spidey07
Her debt is his debt. He needs to talk to a lawyer for some kind of action to be taken.

-edit-
This happened to a few of my friends. Wife goes crazy and spends 10s of thousands of dollars on credit card then bolts. Hubby is now responsible for the debt or at least half of it.

this is not entirely true...

 

[DaWhim]

treat it as a costly lesson.

 

[ric1287]

Originally posted by: Genx87
Your bro made a bad mistake, he knew she was an idiot before marriage but married her anyways. The result shouldnt be a surprise. Unfortunately by the time he runs this though the court system he might be able to break even years down the road. But chances are he will get stuck anyways.

well you dont think about that when you "think" you are in love. she went crazy after they got married so hes stuck.

and for anyone wondering, i asked the bankruptcy lawyer i work for about this and he sed that as long as the debt didnt benefit him, he is not liable. And they cant screw his credit up over her debt. So.....sweeeeeet

 

[dartworth]

Originally posted by: ric1287

Originally posted by: Genx87
Your bro made a bad mistake, he knew she was an idiot before marriage but married her anyways. The result shouldnt be a surprise. Unfortunately by the time he runs this though the court system he might be able to break even years down the road. But chances are he will get stuck anyways.

well you dont think about that when you "think" you are in love. she went crazy after they got married so hes stuck.

and for anyone wondering, i asked the bankruptcy lawyer i work for about this and he sed that as long as the debt didnt benefit him, he is not liable. And they cant screw his credit up over her debt. So.....sweeeeeet

exactly...