[fitegrl]

If my husband and I are separated (but not legally) and he has his own credit cards (I took my name off the accounts) and I have credit cards in my name - are we legally bound to each other's debts that have occurred during the split?

[Wildsporty]

It would depend on a couple of things:

#1. You took your name off the credit cards, did you originally sign up as a co applicant and if so did you have it changed to him as a sole applicant or just take your name off. You need to have yourself taken off as a co applicant.

#2. If you live in a community property state unless you are divorced the bills and the income are considered 50/50. You can take your name off everything and if you live in a community property state you are still liable for 50% of anything.

I am not an attorney so you might want to check with one. I am Human Resources and have seen garnishments come through because of this reason.



Shirley

[stinawords]

As long as you are both alive no, but if one of you dies before the other and you have not filled legally then the outstanding debt would fall to the living spouse just like any other debt.

[cdad]

You need to file right away if you can so you can get the process started. So long as your married then in most states your still under community property laws and it also applies to debts incurred during the marriage regardless of who's name is on the account. Also it protects you and him to make the filing so you may step into your separate roles.