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When divorce was already filed husband charged ten thou on credit card he is the primary is there an Arizona statue relieving wife of this debt and removing it from her credit report?
Wiki User
∙ 19y ago
Although Arizona is a community property state an innocent spouse defense might be applicable in such a situation. The issue should be throughly addressed with the person's legal counsel. If the spouse is relieved of the debt it would be possible to have it deleted from any credit report it may have been entered. Joint accounts remain the liability of both debtors, regardless of their marital status. This is true when the joint debtors are ex-husband and wife, former business partners or in any other way affiliated with one another. Creditors do not care if you are now divorced, nor are they concerned with the terms of a divorce decree. If they have a wifes' name on a contract (the contract which established the debt), they will not release her from liability. The debt will also remain on her credit report for the full time allowed by law. Legal actions to recover the money will be taken against her the same as her ex-husband. These include: lawsuits, wage garnishments, seizure of banking accounts and liens against any real property (as allowed by state law). If one account holder has their portion of the debt discharged by bankruptcy, the remaining spouse will be 100% liable. The ex-wife MAY be able to sue her ex under civil statutes to recover the money, or may be able to exercise her rights under family law statutes (through the divorce court), but this would have no impact on her liability in the creditors' eyes or on her credit report.
Wiki User
∙ 19y ago
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