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-   -   Can Dad refuse to pay Mom's debt (https://www.askmehelpdesk.com/showthread.php?t=113466)

  • Jul 25, 2007, 02:09 PM
    irishki
    Can Dad refuse to pay Mom's debt
    Can Dad legally post a disclaimer in the newspaper relinquishing responsibility for Mom's debt after xxx date?
    She refuses to stop spending money they don't have and is running them into debt again. Cutting up the credit cards didn't work. She got new ones.
    Dad's the sole provider. Mom doesn't work.
    Any suggestions to keep Dad out of the poor house (and eventually jail?)
    Stressed kid
  • Jul 25, 2007, 02:17 PM
    Fr_Chuck
    Well first you don't and can't go to jail for not paying your bills.
    But normally if they are married and not legally separated, in many states he will be liable for her debts
  • Jul 26, 2007, 07:46 AM
    SBowman
    That's a problem for me too. I'd like to know, since we've been in some financial issues for a while now. What would happen if they did separate, however?

    I am in Canada, so I'm not sure how strong the deviation of the law is here from the States.
  • Jul 26, 2007, 08:00 AM
    ScottGem
    I think he would have to get a divorce. He should consult with a divorce attorney about this. I know it is possible to publicly relinquish responsibility for someone else's debts. But its just not that simple.
  • Jul 26, 2007, 08:12 AM
    SBowman
    Sounds logical.
  • Jul 26, 2007, 08:29 AM
    Emland
    If the credit cards are in his name, he needs to call their customer service number and have the accounts closed.
  • Sep 10, 2007, 05:50 PM
    targa
    Need to check state community property law, I read a long time ago somewhere that if you are a community property state that you have to send notice as a spouse to a creditor upon opening of the account. You would need to verify that though, it has been awhile. He may want separate checking savings to protect from possible legal action against her in the future.

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