My husband managed the internet side of the business ( advertising, web site maintenance, etc ) is he responsible for 1/2 of this debt even though the credit cards are in my name only.
I don't see how this is a bankruptcy question. Your question depends on the property laws of your state.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. His webpage is www.bklaw.com
Legal disclaimer: Mark J. Markus practices law in California only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation.
2 lawyers agree
Generally, the spouse that entered into the contract is responsible for 100% of the debt as far as the credit card company is concerned. There is an argument that debts incurred by one spouse for a marital purpose are joint debts, making both spouses responsible for the debt. However, this debt appears to be yours alone from the information you provided.
Note that if you separate or divorce, the court may divide the debts. However, it does not bind the credit card provider, which will still seek compensation from the cardholder.
To reach me call 215-248-0989. Harborstone Law Group serves Philadelphia, Montgomery, Delaware, and Bucks Counties in Pennsylvania. Answers to any question on this forum are for general information purposes only and do not constitute legal advice or establish an attorney-client relationship between Harborstone Law Group or its attorneys and you. This type of forum cannot substitute for a consultation with an attorney.
7 lawyers agree
As far as the credit card companies are concerned, you are 100% liable for the debt and he is 0% liable. The doctrine of necessity, as my colleague outlined in his response, is not applicable to this situation in Pennsylvania. Further, as also discussed in another answer, while a court may decry your husband be liable to you for some amount in a divorce or other situation that is NEVER binding on the third party lender......so in summation, you owe 100% of the money....what, if anything, you can get back from him has no bearing on you owing the credit card debts. It may be a good idea for you to file a bankruptcy, you should set up a free consultation with an attorney near you to discuss bankruptcy as well as other ways to deal with this debt.
3 lawyers agree