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Legal Advice on can i be reponsible for any dept when my wife opened up a credit card and she doesnt work

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she has a new card with large amount on it and doent work the card is in her name with our last name on it and she is the primay holder

Attorney Answers 3


  1. If you did not sign the credit card application, the creditor cannot come after you for the debt. BUT, in a divorce the judge MAY order you to pay this debt because it was incurred DURING the marriage. Hope this helps.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.


  2. I agree with my colleague's answer. Further, if the family court ordered you to repay the marital debt, especially if the court ordered you to remit payment directly to your spouse, if you subsequently file for bankruptcy, the new laws make it very difficult for you to discharge such debt, as it may be considered a "domestic support obligation."

    Please keep in mind, even if you are not getting divorced or if there was no order requiring you to repay it, the lender may still attempt to collect against you. The fact that you have no legal obligation to repay sometimes does not stop lenders from trying to do so, a lot of times in bad faith. You need to have an experienced attorney on your side, or at least to consult with one. Our office provides free consultations, with no obligation at all to you, if you choose to seek further information. Thank you for your inquiry.

    Ksenia V. Proskurchenko, Esq.
    President and Managing Attorney
    PROSKURCHENKO LAW GROUP, LLC
    570 North Broad Street, Suite 13
    Elizabeth, New Jersey 07208
    Main: (973) 321-3040
    Fax: (908) 933-0953
    www.prosklawgroup.com

    THIS ANSWER IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. IT SHALL NOT BE CONSTRUED AS LEGAL ADVICE NOR BE DEEMED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP.


  3. The $64.00 question is was the card used for marital debt that benefited the marriage or was it a last minute new type of spending designed to create debt for divorce purposes? If not marital debt a divorce judge would probably make the party who benefited from the debt pay the debt. For example groceries for the family? You both probably share the debt. Did one spouse go on a trip with their lover to Bermuda leaving the other spouse home where they did not get to go on the trip to work on their own tan? Then that person who got the benefit of the trip probably pays the debt alone. Every case on it's own merits or lack thereof but make sure your represented by competent counsel. Good luck.

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