Tuesday, December 31, 2002

Am I Responsible for My Husband's Credit Card Debt After a Separation in Florida?

Am I Responsible for My Husband's Credit Card Debt After a Separation in Florida?

Florida law does not recognize spouses as legally separated until they actually divorce. Additionally, the state does not follow community property laws. This means a wife has no responsibility for a husband's debts if they have separate accounts. It is a good idea to discuss the division of your debts before writing out a settlement for divorce so that both parties agree.

Community Property

    In Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas and Washington, married couples' finances are "community property," meaning both parties have responsibility for each other's finances. Wisconsin also follows community property rules, calling it the Uniform Marital Property Act. Since Florida is not a community property state, you have no legal responsibility for your husband's debt whether you are married, separated or divorced.

Legal Separation

    Florida does not recognize documentation of separation; the state only recognizes divorce. You are, therefore, responsible for your joint finances until the divorce. Separate accounts are the individual responsibility of each party.

Joint Accounts

    If you and your husband have joint accounts, you are both equally responsible for the debts on those accounts. You are also equally responsible for any loans you may have co-signed for your spouse, or that your spouse may have co-signed for you. Debt collectors have the right to come to both of you if your husband defaults on payments to a credit card of which you are joint owner.

Considerations

    It is important to discuss finances during a separation so that both you and your husband are clear on the division of debt if you decide to follow through with a divorce. Even if you are not responsible for your husband's debt, if he defaults on payments, his actions may affect the eventual outcome of your settlement.

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