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Is a spouse responsible for debt incurred during a marriage that was obtained fraudulently or without their knowledge?

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Wiki User
2005-11-05 13:57:58
2005-11-05 13:57:58

There are two instances when one spouse is responsible for the other one's debts. If the account(s) are joint or if the married couple reside in a community property state. Married couples who do not reside in a CP state and do not hold joint accounts are NOT responsible for each other's debts. Generally all debts and assets acquired during a marriage by couples living in CP states are owned and owed by both, however a few CP states have procedures for making an "innocent spouse" claim. Consulting the laws of the state of residency which pertain to creditor/debtor issues should help obtain more specific information. Another option is to obtain the advice of an attorney, most offer free or minimal rate consultations. Some states have consumer affairs departments that can explain the responsibility of spouses concerning financial issues.

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If she incurred within the bounds of the marriage (after you were married). Then yes you are responsible. If they were incurred before then no you are not.

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No. A spouse is not responsible for their spouse's debts that were incurred prior to marriage. The only debt that can be shared post-marriage that was incurred pre-marriage would be debt on an account that you became a joint account holder on after marriage.

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"If a divorce order stipulates that the defendant forfeits all benefits of the marriage and is responsible for all debts incurred in marriage Does the defendant have to sign the papers in order to sell?"

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Only if you signed as a co-guarantor. Otherwise, no.

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No, Florida is not a community property state. Married couples who do not reside in CP states are only responsible for those debts that are jointly incurred during the marriage.

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No you are responsible for his debt prior to marriage. Keep in mind that each come to the marriage with their own personal credit history. You are only responsible for joint accounts. Credit obtained in both names.

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While your spouse may still have some incurred liability from a previous marriage, you, yourself, as an individual, are not.

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No, debts incurred before marriage do not become the joint responsibility of a new spouse.

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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.

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If the account is joint then both spouses are responsible for repayment. If the account was incurred during the marriage and is held by one spouse and the couple live in a community property state both spouse's are responsible for repayment. If the account was incurred during the marriage by only one spouse and the couple does not live in a community property state, only the spouse who is the account holder is responsible for repayment.

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The Internal Revenue Service says a marriage is a business partnership and each spouse is responsible for all taxes owed. Creditors have a similar outlook. It may be different state to state, but as a rule, each spouse is responsible for all the debt incurred in the marriage.

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Yes, in Oklahoma a spouse is responsible for their exes debt during marriage. If the debt benefited both parties than both parties must pay. An attorney can help you explore your options.

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Not unless the spouse signed the debt paperwork. However, will they chase one spouse to get to the other spouse, yes they will.

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No, however if you hold any joint assets, before or after marriage, such as a home, car or bank account they can be garnished or levied by the creditor regardless of who else is named on the asset.

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Your spouses wages cannot be garnished for a debt unless it is a joint debt. You are each responsible for your own debt regardless of whether it was incurred before or after marriage.

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It depends upon the state in which the couple resided during their marriage, the issue of his incarceration is not really relevant as to which spouse owes debts incurred. If the couple resided in a community property state the wife is responsible for all debts incurred during the marriage including but not limited to credit card account(s). If the couple resided in a non CP state the wife would only be responsible for debts that were incurred jointly. This only applies to a couple who are still legally married, the final terms of the divorce decree generally stipulates how existing debts are assigned.

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No. Debts incurred before the marriage belong to the individual, those made jointly during a marriage belong to both. Married couples who reside in a community property state are generally held accountable for debts made during the marriage regardless of which spouse actually incurred the debt(s). (Texas and Wisconsin do not treat all marital debt in the same manner as do the other community property states).

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If you want to keep the car. It depends on the state of residence. In community property states both parties are responsible for all debts incurred during the marriage. In non CP states the person(s) who made the loan agreement that created the liens are responsible for the debt.

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It depends on what state you are from. But I think that it is 50/50 for everything. * Yes, if the debts were made during the marriage and if the couple reside in a community property state. Debts incurred by either spouse after a legal separation order has been issued are attributed to only the account holder. Debts incurred separately by married couples in a non community property state belong solely to the person who is named on the account regardless of the status of the marriage.

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In the United States, once a couple is married they both assume financial responsibility for one another, no matter when a financial transaction occurred.

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A married couple is normally expected to cover the debts of the other one. Even if it has only been two months.

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No, not directly. Indirectly the non debtor spouse may find that he or she has a shared joint account levied or joint property encumbered by a judgment against the debtor spouse.

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No, Debt incurred during a marriage is generally the joint responsibility of both parties, as long as both are co-signers on the credit cards, says Bill Glassner, a financial planner with Glassner Carlton Financial Planning in Cedar Knolls, N.J. "However, if the credit card is in one spouse's name but the other is just an additional cardholder, that spouse isn't responsible. " One exception is community property states, where both are responsible, even for debt incurred by one partner. States with community laws are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Alaska is an "opt-in" community property state, in which spouses may agree to be jointly responsible for all debts.


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