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    SadieLynn's Avatar
    SadieLynn Posts: 4, Reputation: 1
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    #1

    Nov 16, 2007, 08:14 AM
    Can a spouse be held responsible for debt?
    I have a really old Capital One account that is threatening to sue me. I have been unemployed for the last year to take care of some family matters.
    I know that they can sue me but I'm curious to know if they do and win, can my husband be required to repay the debt? I have no income of my own and his money is not subject to garnishment because it is disability payments.
    My husband never signed anything with Capital One and he was never on the account.
    Thank you for any help you can offer.
    :)
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Nov 16, 2007, 08:18 AM
    Depends on your state. In some states, debt incurred by one spouse can be held against the other spouse. They can also attach any accounts held jointly.
    SadieLynn's Avatar
    SadieLynn Posts: 4, Reputation: 1
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    #3

    Nov 16, 2007, 08:20 AM
    I live in Maine. How do I find out if this is the case in this state?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Nov 16, 2007, 08:23 AM
    Check with Family court or search on community property laws.
    SadieLynn's Avatar
    SadieLynn Posts: 4, Reputation: 1
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    #5

    Nov 16, 2007, 08:44 AM
    I looked it up online and it says that Maine is not Community Property state.
    So does that mean they can't hold my spouse responsible?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Nov 16, 2007, 08:51 AM
    I would say its unlikely then. But I would contact an attorney to confirm.
    SadieLynn's Avatar
    SadieLynn Posts: 4, Reputation: 1
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    #7

    Nov 16, 2007, 09:04 AM
    Will do. Thanks for responding.
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