Who is responsible for these credit card bills?
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Punky Do wants to know:
My daughter-in-law just left on a trip with the children. She left my son with a note telling him about $75,000 of credit card debt that she has run up during their marriage. He had absolutely no idea that these charges were made. We suspect that she was giving money to her sister and family. Perhaps they even signed for the purchases. Is he going to be responsible for this debt? He is planning to separate and eventually divorce.
My daughter-in-law just left on a trip with the children. She left my son with a note telling him about $75,000 of credit card debt that she has run up during their marriage. He had absolutely no idea that these charges were made. We suspect that she was giving money to her sister and family. Perhaps they even signed for the purchases. Is he going to be responsible for this debt? He is planning to separate and eventually divorce.
Tagged with: Credit Debt • Giving Money • Marriage
Filed under: True Credit
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Sounds more like she left him and took the children! Don’t be surprised when she doesn’t come back! If I were him I’d file right now before she has a chance to establish residence out of state and file herself!
whom ever is signed on the card as long as it wasn’t forged signatures
If the cards are in his name and he gave his wife permission to use the cards, he is totally responsible.
I hate to say this, but in most cases if his name / credit was used, they are going to hold him responsible for this debt. It’s wrong what she has done, but I think that’s how they would see it in court, unless he can prove otherwise.
If the debt is on joint accounts/cards, then he is as responsible as she is. When he is talking to his divorce attorney, I would suggest that he discuss this to make sure that the responsibility is addressed during the divorce. He should request copies of charges and statements now, before they send his accounts to collections. Once they are in collections, they will not talk to him.
He needs an attorney, like, immediately.
It might depend on the state (whether it is a community property state). This is from the link below:
Expenses that were incurred solely for the benefit of one spouse, such as a vacation for one spouse, or a hobby of a spouse, may be left as the responsibility of the spouse who obtained the benefit. However, in most community property states, both spouses are equally responsible for the repayment of debt incurred during the marriage, even if only one spouse enjoyed the benefit.
If the card(s) are just in her name – he’s not responsible – if she opened the accounts using his name without his permission and signature on the application forms – he can probably avoid owing also – but it may take a lot more work to clear his name – he can probably get copies of the application an purchases to see who is on the account(s) and who applied for it/them. How does anyone even qualify for that much credit, when the credit card companies should be checking on credit history – and who has been making the payments on the cards if the husband doesn;t know anything about it – are they super rich and she has her own checking accounts that he funds, but doesn’t monitor?
75 gs? I was in the same place as your son. I divorced her, got my kids and filed for bankruptcy, that was in the 90s when you did not have to pay it back. Now you do. He has to tell his hard luck story to the cc companies and make an attempt to start paying it back.
Why do the separation thing, go for the divorce, file today, that will make a nice Christmas present for her.
Good Luck
He needs better advice than he’ll get on Yahoo. See an attorney.
Two important issues: Were there credit cards joint/co-signed accounts with your son’s name on them….if so, then he is also responsible for the debt. If they were only in her name, that’s another issue completely and he will probably not be responsible.
Next important issue…Does your son live in a “community property state?”
In a community property states, debt acquired during the marriage (as opposed to debt acquired prior to the marriage) is owned jointly by both spouses and is divided upon divorce, annulment or death. Joint ownership is automatically presumed by law, unless there is specific evidence that would point to a contrary conclusion for a particular debt. If you live in a community property state (listed below), both spouses are held accountable for any and all debts acquired during the marriage, even if the account was is listed exclusively in one spouse’s name.
Community Property States
#Arizona
# California
# Idaho
# Louisiana
# Nevada
# New Mexico
# Texas
# Washington
# Wisconsin
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It’s time to see an attorney ASAP either way.
As long as the credit card wasn’t in his name, or his name wasn’t on the app with hers. If it was then he will be responsible for paying the debt along with her.