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Community and separate debt under WA state community law

Asked over 3 years ago - Spokane, WA

I came from asia and marriage almost 3 yrs. the firs year on the second year of my marriage i found my husband with 20.000 credit card bills.Am iI responsible to that debt if we get divorce? his daughter from previous marriage is living with us. Am I financially responsible to support her while we are still marriage

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Attorney answers (2)

John M. Kaman

Reputation Level 20

Answered over 3 years ago. Criminal Defense Attorney in San Francisco, CA.

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WA is a community property state. If the credit card bills were incurred before marriage and/or you are not named on the account they are his separate debts. You have no obligation to support his children unless you have adopted them.

www.kamanlaw.com

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Thuong-Tri Nguyen

Reputation Level 20

Answered over 3 years ago. Family Law Attorney in Renton, WA.

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RCW 26.16.205 (Liability for family support – Support obligation of stepparent) provides: "The expenses of the family and the education of the children, including stepchildren, are chargeable upon the property of both spouses or both domestic partners, or either of them, and they may be sued jointly or separately. When a petition for dissolution of marriage or state registered domestic partnership or a petition for legal separation is filed, the court may, upon motion of the stepparent, terminate the obligation to support the stepchildren. The obligation to support stepchildren shall cease upon the entry of a decree of dissolution, decree of legal separation, or death."

Whether a spouse is liable for the debts of the other spouse depends on the specific facts including what is the nature of the debts, any agreement between the spouses.

If you arrived in the US on a family-based immigrant visa sponsored by your husband, there are immigration issues.

You likely should discuss the facts and options of your case with an attorney.

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