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Az community property state exception laws regarding debt incurred by one spouse?
Wiki User
∙ 16y ago
My spouse constantly makes loans for cars and credit cards, pay day loans inspite of his severely bad credit without my consent. Is there anything legally that can be done so that the unconsenting spouse will not be liable for these debts? I struggle every month the meet the household expenses and I don't want to be liable for bills I don't make because I know I cannot pay for them. Please help!
Wiki User
∙ 16y ago
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If two individuals living in NY marry and then move to California which is a community property state can creditors go after the spouses for the amounts owed once in California?
Yes, If the debts were incurred outside a community property state during marriage, the collection can be enforced. All it takes is the signature of one of the spouses to 'bind the community'. Where the marriage occurred is not relevant, all states recognize legal marriages performed in other states. However, if the debt(s) belong to only one of the couple before the marriage then the community property laws would apply only to debts and/or property incurred in CA. There could be grounds for appeal regarding the enforcement of community property laws under these conditions.
Is an authorized user on a credit card liable?
Not to the credit card issuer. The account holder is totally responsible for debt incurred on a credit card. The exception is married couples residing in community property states, where both spouses are considered have the same rights to property and assets and the same responsiblity for debts.
In a community property state is property inherited after marriage considered community property?
Property acquired prior to marriage is separate property and remains separate unless the spouse is granted on title and contributes to the mortgage payments from community funds, then they acquire an interest in that separate property in proportion to their contributions. Paying insurance taxes, utilities is not considered a basis to make the property community.
If you die in Tennessee with credit card debt in your name will your spouse be obligated to repay the debt?
No, Tennessee is not a community property state. Married couples living in non community property states are not responsible for debts incurred solely by either spouse.
What ways can you keep a spouse from incurring debt in your name?
Don't have any joint accounts. Marriage does not give the legal right to a spouse to use the other spouse's name or information to obtain credit. Credit even for married couples is reported separately on credit reports unless it is jointly incurred. The exception is if the married couple reside in community property state. In a community property state all assets and all debts incurred during the marriage by either spouse is considered equally owned and equally owed regardless of which one entered into the financial transaction.
Is a wife liable for husbands car loan that she refused to sign?
It depends on whether you live in a community property state. Laws vary but generally, in community property states debts incurred by one spouse during the marriage are owned by both even if only one spouse signed. You need to check the laws in your state.The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.The wife would not be responsible in a separate property state.It depends on whether you live in a community property state. Laws vary but generally, in community property states debts incurred by one spouse during the marriage are owned by both even if only one spouse signed. You need to check the laws in your state.The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.The wife would not be responsible in a separate property state.It depends on whether you live in a community property state. Laws vary but generally, in community property states debts incurred by one spouse during the marriage are owned by both even if only one spouse signed. You need to check the laws in your state.The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.The wife would not be responsible in a separate property state.It depends on whether you live in a community property state. Laws vary but generally, in community property states debts incurred by one spouse during the marriage are owned by both even if only one spouse signed. You need to check the laws in your state.The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.The wife would not be responsible in a separate property state.
Is Iowa a community property state?
No, when it pertains to marital property, Indiana is an "equitable distribution" state. When it pertains to debts, both spouses have responsibility for debts jointly incurred during the marriage, solely incurred debts are the responsibility of the account holder spouse.
Is Rhode Island a community property state?
No. When it relates to debts incurred in a marriage the couple are equally responsible for joint marital debts and solely responsible for debts incurred in their name only. Equitable distribution is generally used when it relates to the allocating of marital property in a divorce.
Are you responsible for your spouse's debts?
yes * Only if the couple reside in a community property state and the debt is incurred during the marriage. All CP states allow a spouse to use the "innocent spousal" defense concerning marital debts if the spouse was not aware of the debt made or had no control over the matter. Texas and Wisconsin are not "true" community property states when it relates to marital debts solely incurred. In all other states sole debts belong to the spouse who incurred them.
If your spouse dies and your house is in your name via community property change are you then responsible for debts incurred by the deceased spouse?
I am not certain what you mean by "community property change", unless it pertains to a divorce decree. If you live in a community property state, and the debts were incurred while you are married. The spouse is indeed responsible for those debts. In non-community property states the person who contracted the debt, is the only person responsible. Therefore, the debt(s) usually "die" with the deceased person. There are exceptions, however, some states have laws which make the spouse responsible if the debts are defined as "necessities". Such as medical expenses, food, shelter, etc.
Is an authorized user on a credit card liable for the debt?
No. The only exception would be a married couple residing in a community property state.
How can you find more information about property investments overseas?
Information regarding property investments overseas can be found on Property Frontiers, Property Community, Huffington Post, Mortgage Professional America, and Live and Invest Overseas.
