Do I have to pay my ex husbands debt?
Asked by: Ola Stiedemann V | Last update: April 25, 2025Score: 4.2/5 (47 votes)
If the debt is incurred on an individual account, it's usually that individual's responsibility, unless they live in a community property state that may not recognize separation. Joint accounts, however, can be a problem. Creditors want to be paid, and the only thing they consider is the name on the account.
Can I be held responsible for my ex-husband's debt?
The general rule is that only the person who accrues the debt is responsible for it, however, sometimes, you can be liable for your spouse's debts even if you did not sign the contract or loan. This can happen only for ``necessary'' items, such as food, medical care, etc.
Can I be forced to pay my spouse's debt?
Most states use common law (also known as equitable distribution), which dictates that married couples don't automatically share personal property legally. In other words, you aren't responsible for your spouse's debt unless you took it out together as a joint account, or you cosigned on it.
Do I have to pay my husband's debts if we divorce?
A loan or credit card debt acquired by one spouse before the wedding usually remains their sole responsibility, even after divorce. Similarly, debts incurred after the separation date but before the divorce is finalized may also be considered separate in some states, especially if it didn't benefit the family.
Am I responsible for my ex-husband's debts?
The general rule is that only the person who accrues the debt is responsible for it, however, sometimes, you can be liable for your spouse's debts even if you did not sign the contract or loan. This can happen only for ``necessary'' items, such as food, medical care, etc.
I Have A Problem Paying My Husband's Debt!
Can I sue my ex husband for money he owes me?
If your ex-spouse doesn't pay voluntarily, you can use different court processes to collect from their pay or bank accounts, or other property. This can be very time-consuming. You may want to get help from a lawyer.
Does my ex have to pay half of the bills?
With household and utility bills, the person whose name is on the bill is legally obligated to pay.
Can my husband cut me off financially before divorce?
This situation is more about money than law. The law states that half of their income is yours. But if your spouse chooses to ignore this law and cut you off financially you will need a court order to force a spouse to share the income. It will take 90 days to see a judge and to get such a court order.
What if my ex has not paid debts as ordered?
The order says who gets which items accumulated during the marriage and which spouse is responsible for paying off debts. Since violating a court order is against the law, you may be able to take legal action against a spouse for non-payment of their debts.
How do I protect myself from my husband's debt?
You can protect yourself from your spouse's debt by signing a prenuptial agreement before you get married and avoid taking out joint credit. It's especially important to protect equity in your home during a divorce to ensure you get your fair share, since this is likely the largest asset you have.
How can I not be responsible for my husband's debt?
The best way to avoid becoming responsible for your spouse's credit card debt is by understanding your state's laws and doing what you can to protect yourself. That might include creating a prenup or postnup that details how you'll both handle debt or by working with a lawyer who specializes in debt collection issues.
Can I rent an apartment before my divorce is final?
Yes, that is correct.
In what states are you responsible for your spouse's debt?
If you live in a community property state, you probably will be responsible for debts accumulated by your spouse during the marriage. (These states are California, Texas, Arizona, New Mexico, Nevada, Washington, Idaho, Wisconsin, and Louisiana, while Alaska, South Dakota, and Tennessee make it optional.)
Is divorce considered a financial hardship?
However, the financial strain caused by divorce can sometimes meet the IRS's criteria for a hardship. For instance, expenses related to legal fees, settlements, or living adjustments required by a divorce decree might be considered.
Can debt collectors go after an ex-spouse?
Divorce only ends the relationship between a married couple, not with creditors. The divorce decree usually indicates who is responsible for which debt. Still, it does not relieve any personal liability unless the liable spouse refinances the debt or updates the agreement to remove the other party's name.
What if a spouse stops paying a mortgage during divorce?
If Your Spouse Isn't Paying the Mortgage
The bottom line is that your soon-to-be ex remains just as financially responsible for your shared mortgage as he or she was before (even if only you are living there while your divorce is pending).
What to do if your ex-husband owes you money?
Contempt of Court
This requires filing a motion in court. At the hearing, the court will hear evidence as to why your ex-spouse should be held in contempt. If the judge agrees, an order may be issued that includes additional fines, jail time, your attorney's fees, or other sanctions.
What happens if you refuse to pay debt?
Your debt will go to a collection agency. Debt collectors will contact you. Your credit history and score will be affected. Your debt will probably haunt you for years.
Can you go to jail in a divorce case?
In California, yes. California family trial court judges, along with all other state trial court judges, are Superior Court judges, and are all authorized to adjudicate contempt proceedings. So if you violate a support order, or a custody order, or a restraining order, the judge can find you in contempt*.
Who suffers more financially after divorce?
How does divorce financially affect women? Generally, women suffer more financially than do men from divorce.
Can I empty my bank account before divorce?
FAQs. Is it legal to empty my bank account before filing for divorce? No, it can be viewed as an attempt to conceal or deprive your spouse of assets, leading to legal penalties.
Can you sue your spouse for not paying bills?
Are the credit cards in your name only or in both of your names? Generally, when a third party wants to sue for outstanding debt, if both parties are on a credit card or on a loan, either or both can be sued.
Am I responsible for my ex-husband's debt?
When you get divorced, you're still responsible for any debt in your name. If you have shared accounts in both of your names, such as a joint credit card or shared mortgage, you and your ex will likely share responsibility for the debt equally.
Does a husband have to support his wife during separation?
A: No, spousal support is not mandatory in California and is fairly uncommon in divorce cases. If couples have been married for a long duration or one spouse makes substantially more than the other, the court may award support to the lower-earning spouse.
Can I sue my ex for unpaid bills?
Yes, you can sue someone who owes you money. When someone keeps "forgetting" to pay you or flat out refuses to pay up, the situation can quickly become frustrating. You can take the issue to small claims court and pursue legal action if it falls between the minimum and maximum money thresholds under court rules.