Thursday, August 6, 2009

Am I liable for the credit card debts made by my spouse before our marriage?

We got married in March of 2005 for the past 2 years I have been assisting keeping her payments current. She gives me some of her money and I use some of my own. Does this make me responsable by default since the payments have been made from my checking account?



Am I liable for the credit card debts made by my spouse before our marriage?

No... whatever debt she had before she married you is hers just as whatever debt you had before you married her is yours.



Am I liable for the credit card debts made by my spouse before our marriage?

It depends on the state laws. But I think that you shouldnt be because this was something that she had before you but it%26#039;s nice of you to help her.



Am I liable for the credit card debts made by my spouse before our marriage?

No.



If the credit card is in her name, then it%26#039;s her responsiblity, even if you have been assisting in payments.



I suggest you do not get any credit with both of your names under it. She can ruin your credit report. If you two choose to have any kind of joint credit account, your credit rating and score will be effected.



Every social security number has its own credit report.



Am I liable for the credit card debts made by my spouse before our marriage?

Unless you had a pre-nup most states say that what%26#039;s hers is yours and what%26#039;s yours is hers, debt and equity together. Why should you get her $$$ yet not have to pay her debt?



Am I liable for the credit card debts made by my spouse before our marriage?

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Am I liable for the credit card debts made by my spouse before our marriage?

If the credit card debts are just in her name, they will only affect her credit report. The credit card company cannot come directly to you for payment, but... just keep in mind that any property that you own in both your names can be used in total to pay her bills because she owns a 1/2 undivided interest in the ENTIRE property. That sounds convoluted to anyone but a lawyer, but this is the way it works:



Let%26#039;s say you own a house in both your names (joint ownership) and it%26#039;s worth $100,000. Let%26#039;s also say that your wife has a credit card debt in just her name in the amount of $75,000 and she defaults on that debt. The credit card company takes her to court and gets a $75,000 judgement against her. The credit card company can then force the sale of your home to pay the bill and because her name is on the deed, get the full $75,000 from the sale of your house even though you think that your wife%26#039;s interest is only $50,000. It%26#039;s not. If your house is sold for at least $75,000 net, all the proceeds can and will be used to pay her entire debt.



P.S. This home sale example doesn%26#039;t apply when you live in a state like Texas that has a homestead exemption that prevents a person%26#039;s house and certain other basic property from being used to pay off bad debts, unless specifically signed away as collateral for a specific debt, like on a home-equity loan.



The example above does apply to other property in joint ownership not covered by the homestead exemption. Each state has its own, very different rules concerning homestead exemption.



*Special Note* Another example I didn%26#039;t mention: If the house above is worth $100,000 and the credit card company forced the sale of your house and it sold for $90,000, $75,000 would be used to pay your wife%26#039;s debt and the remaining $15,000 when paid to you as the remaining balance would still be considered 50% her share and 50% your share for all other purposes, especially in a divorce.



Am I liable for the credit card debts made by my spouse before our marriage?

No you%26#039;re not. If your name is never in the credit cards as co-signer or you%26#039;re not connected to it at all, then you%26#039;re not liable for anything. Even if you%26#039;re just an authorized user of her cards, you%26#039;re still not liable.



Am I liable for the credit card debts made by my spouse before our marriage?

I%26#039;m fairly certain on this one guy.



When you marry, you do not %26quot;merge%26quot; your debts or your histories. Any new credit you get after you marry is combined, if you put her on your card.



In your case, it doesn%26#039;t matter where the money came from, they can%26#039;t touch you or your credit.



They can%26#039;t attach to any property or bank accounts if your name is jointly on it.



I got married 10 years ago. My wife came along with some %26quot;baggage%26quot; from her old marriage that the ex-hubby was supposed to pay off, but didn%26#039;t.



The collectors found out she re-married and found our new address and phone number.



She was scared to death every time a collector called, or we got a letter.



The first time it happened, I had just come home from work and she was crying and scared to death when she handed me the collection letter. After I quit laughing about it, I told her I%26#039;d handle it.



What these guys didn%26#039;t know was...I was ARMED! I knew the law! I was able to fight them at their own game.



In the event you default, read the law on the Fair Debt Collections Act and the Fair Credit Reporting Act. Don%26#039;t let them push you around.

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