Asked in Divorce and Marriage LawDebt Responsibility
Divorce and Marriage Law
Is my common law patner responsible for my debt?
November 14, 2008 5:55PM
Typically, in Alberta anyway, whether married or common-law, unless both persons' names are on the debt - i.e. joint mortgage, joint line of credit, joint credit card, etc. - the other party is NOT responsible for all or even half of the debt.
Asked in Credit and Debit Cards, Credit
In Canadian Law am I responsible for my spouse's credit card debt?
Asked in Personal Finance, Loans, Estates, Money Management
My grandmother passed away and she co-singed for on a loan for a garage on the property with her son-in-law. Who is responsible for paying the debt since she has passed?
Is a joint credit card account holder responsible for the entire debt when the other account holder dies?
Asked in Credit and Debit Cards, Debt Collection
Does South Carolina make spouses responsible for the others debt in their name only?
Asked in Law & Legal Issues
If a stepfather dies is his stepson responsible for debt?
Asked in Divorce and Marriage Law
Do Common Property Laws apply to debt within a marriage?
The rules that govern debt incurred by one spouse in common law states is much different than the rules in community property states. So the answer is yes. Common law property states govern debts within a marriage as well as property. In a common law property state debts that are incurred by one spouse are not usually the responsibility of the other unless the debt was for something that also benefitted the other spouse or the family.
Asked in Debt Collection
Two people agree to a 50-50 business contract and A pays his portion but B pays nothing who is responsible for the debt?
What Massachusetts law describes who is responsible for a deceased persons credit card debt?
Asked in Estates
Is the executor of a will responsible for all debt in the event of death?
Asked in Divorce and Marriage Law, California
Is the childless spouse in a common law marriage responsible financially for paying child support to children from their common law partners previous marriage?
Asked in Bankruptcy Law
If someone is common law married can his common law wife be held accountable for his business going into liquidation and hence any assesets she owns be taken into account?
A deceased person has credit card debt only in their name is the spouse responsible for that debt in the state of Florida?
If the card was only in the deceased's name AND the surviving spouse was not a listed authorized user AND the surviving spouse never used the card for his/her own purchases, the spouse is not responsible for the debt. The estate is liable for the debt, so no assets of the estate can be distributed to the heirs at law or by will until the debts of the estate have been paid. If the debts exceed the estate's assets, it may file for bankruptcy of the estate under state law. Consult a local experienced bankruptcy lawyer.
Asked in Debt Responsibility, Credit
Are you responsible to pay a debt in NC if your spouse dies and has a will and leaves credit card debt with cards in her name only?
In NH if a married spouse expires is the surviving spouse responsible for a credit card debt of the deceased spouse if the living spouse never signed any document.?
In Ohio, if the debt was owned jointly, then yes, you are responsible. If if wasn't, they cannot make you liable for another's debt. This is in Ohio. Credit reports are held in both owners name, if they are co-owners or own the debt jointly, such as a home mortgage. If the credit card is owned by spouse1 and spouse2 does not have permission to use it, then spouse1 is the only responsible person for that debt. Spouse2 cannot be held responsible - in all financial transactions in the state of Ohio, even if the debt has incurred from some other country or state. Wherever you reside determines the law for the consumer. Check your state for that.
Asked in Relationships
Am I responsible for my wifes debts?
The challenge here is that debt laws vary from state to state and country to country. In some jurisditions you may even be responsible for your spouse's income taxes that may be unpaid. Your best bet is to make contact with a lawyer. Most bar associations/law societies have some kind of contact you can find on line or in the phone book where you get one free question or a lo cost first visit. Lawyers are called counselors. That is because they know the law and they counsel you on how to manage your affairs within the confines of the law. To find out just which of your spouse's debt you may be responsible for, spend a little time and a little money on a lawyer in your jurisdiction. Be prepared and know exactly how many debts of what kind of debt and how much debt you are talking about for each kind of debt before that interview so that you can give your counselor precise information. Then he/she can give you a precise answer.
Are you responsible for paying credit card debt after it was charged off and the account sold and what is the law on this?
Yes, you are still liable on the debt. Unless the debt is beyond the statute of limitations (which varies by state) or it is discharged in bankruptcy, you are likely to be liable on the debt. If the debt is forgiven/cancelled (you would then not be liable) then you will likely receive a 1099-C in the mail and it may be taxable income. Consult with a tax professional if that is the situation.
Asked in US Constitution
What branch of government is responsible for enforcing the law?
Asked in Credit and Debit Cards, Debt Collection, Estates, Debt Responsibility, Credit, Common Law Marriage
Does a boyfriend have to buy his deceased girlfriend's other half of owned home to settle the debt credit card debt that shows no will and no common law marriage?
Can you still get debt consolidation after your cards are turned over to a law firm?
Asked in Debt and Bankruptcy
Can an Ohio debt collector garnish your spouses income in Michigan if the debt was originated in Michigan-Are they bound to Ohio law or Michigan law?
The rule is the debt collector is bound by the laws of the state the collection action is being taken in. If the debt collector is not licensed or authorized in that state, it cannot legally act to collect the debt. Check with your state agency that licenses debt collectors. The debt collector can retain a local attorney to collect the debt, of course, and that would be under Michigan Law.