I have $25,000.00 business credit card debt in my name that was incurred by a business that I own.

Asked about 2 years ago - Ardmore, PA

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.

Attorney answers (3)

  1. 7

    Lawyers agree

    Answered . 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... more
  2. 3

    Lawyers agree

    Answered . 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. 2

    Lawyers agree

    Answered . 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... more

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