When a married couple reside in a non community property state they are not responsible for each others debts unless said debt is joint. That being the case it does not matter whether the couple are living together or legally separated.
However, the matter relating to the question is handled differently in community property states and therefore the concerned party should consult with the attorney handling the dissolution issues of the marriage.
No, debts that are incurred before a marriage do not become the responsibility of the new spouse.
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.
Not unless the spouse signed the debt paperwork. However, will they chase one spouse to get to the other spouse, yes they will.
No. Florida like several other states treat marital debts as being separate when they are not jointly incurred.
If the couple Does Not reside in a community property state then a spouse is not responsible for the other spouse's debts when said debts are solely incurred. If the couple does reside in a CP state it does not matter who incurs the debt as the law assigns the married couple equal rights to assets and equal responsibility for debts.
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.
You'd better believe it. Even if the Judge rules that you are not responsible for certain debts, the credit card companies don't care. They will come after you anyway and your credit report will be affected. If you have a "legal" separation" read what it says about these debts. Contact the credit bureau and place a notice in the file that you are legally separated and not responsible for the spouse's debts. This may prevent the spouse from getting more credit. Doubt it will help what has already been done, but do everything you can to get the records clear on that subject. Then cancel all credit cards in both names and open new cards in your name only. Close your checking account and get new one. Then get the divorce rolling. Only when you are legally divorced are you safe from any future debts incurred by the spouse.
In Minnesota, a spouse is generally not responsible for the other spouse's individual debts incurred before or during the marriage unless both spouses jointly incurred the debt or one spouse agreed to be responsible for it. Minnesota follows the concept of "equitable division" in divorce, which means that debts are divided fairly, but not necessarily equally. However, if one spouse can prove that the debt is a joint obligation or that the other spouse benefited from the debt, they may be held responsible. It's advisable to consult a legal professional for specific situations.
The estate will be primarily responsible. The spouse indirectly will pay, as they cannot inherit until they are resolved and they benefited from the debts incurred.
In Arizona, both spouses are generally liable for debts guaranteed by one spouse, unless the debt was incurred for the benefit of only one spouse or the family.
YES with qualifications. Joint assets will be considered as valid for liquidation to meet debt incurred only by one of the spouses.
In Ohio, spouses are generally not personally responsible for each other's debts incurred before marriage or individually during the marriage. However, debts accumulated during the marriage may be considered joint if they were incurred for mutual benefit or shared expenses. Creditors may pursue joint accounts or debts for repayment from either spouse. It's important to consult a legal professional for specific circumstances.