Is my spouse responsible for my debt?
By Eugene S. Melchionne, Connecticut Bankruptcy Lawyer on Mar 29, 2007 in Connecticut, General Bankruptcy Information, Marriage and Debt
For along time in the United States we have recognized that husbands and wives are separate legal entities. We may take for granted that women can own property in their own name or that a husband does not ‘own’ his wife. But we do accept that generally speaking, spouses are not responsible for each other’s debts. They can file for bankruptcy alone.
But is this entirely true?
For the most part, yes. However, many states also have spousal support statutes which mean that a spouse is responsible for the other’s health and welfare, meaning food, shelter, and medical care. The interpretation varies from state to state. Look for this to be the latest scam of debt collectors in trying to collect a debt. The debt collector will tell you that the credit card was used to buy clothing or purchases at the local drug store or something used for the house and therefore, you are responsible for that spousal support debt. Check out this article at the Association of Credit and Collection Professionals.
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