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In a community property state is there any recourse for a spouse whoes mate amasses cnsiderable credit debt ?

My spouse had amassed credit debt of abut $20,000 behind my back, without my knowledge or approval. In a divorce is there any recourse for me as I do not have the financial means to pay any of this debt. I'm living on Social Security and a small pension in low-income senior housing. I also have high medical expenses.

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Attorney answers (1)

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Don't get too bogged down in the term "community property" (in Wisconsin, it's "marital property"). This really doesn't have as much to do with what happens in a divorce as it does with the rights that a husband and wife have to control property during the marriage.

There is a legal presumption in Wisconsin that assets and liabilities will get divided equally in a divorce. That division can be altered by the court depending on several factors, including the length of the marriage, what property that each brought into the marriage, age, health, earning capacity of the parties, written agreements between the parties, other economic factors and pretty much anything else that the court feels is relevant to making an equitable division. This means that all other things being equal, the bills and everything else get split down the middle. If there are other considerations, then the court has the authority to adjust where the dividing line is.

If your husband fraudulently obtained credit during your marriage (for example, if he forged your signature on the loan applications) then that seems like something that could be argued to the court as relevant facts. In doing so he wasted the equity in the marital estate and your attorney could argue that that sum be charged against your husband's interest in the marital estate.

It's not clear from your question if you have filed for divorce or even want one, but by all means get an attorney to help you with this. If money is tight, check with Legal Action (they have an office in Oshkosh - 920-233-6521) to see if you meet their criteria for legal help. There may be other options for you and your husband to get rid of the debt through a bankruptcy filing. Again, talk with an attorney.

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This reply is not and should never be considered
"legal advice." If you need legal advice, consult
a licensed attorney in your state to make sure you
understand both your state and federal laws concerning
your issue. Your attorney will need specific and
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No attorney-client relationship has been created by this reply.
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