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    mbutrfly11's Avatar
    mbutrfly11 Posts: 6, Reputation: 1
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    #1

    Oct 7, 2009, 09:46 AM
    Can I sue my husband (we are separated)
    Can I sue my husband (we are separated) for money we owe on credit cards, we have some that are in my name and his (joint) and the rest are in my name acquired ONLY after we got married and came to the USA:mad:
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #2

    Oct 7, 2009, 09:54 AM

    Are you legally separated or just informally separated? Also what state are you in? Those things make a huge difference.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Oct 7, 2009, 11:06 AM

    Where you live is one issue, and again is there a formal separation agreement written and signed by a judge ? In general at this point you file for divorce and get the issues of who pays what settled by the divorce court
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Oct 7, 2009, 12:11 PM

    In many States you cannot sue your spouse. If you are "only" separated, legally or not, that is still your spouse.

    I am assuming that is NOT a legal separation or this issue would have been covered in the Separation Agreement.
    mbutrfly11's Avatar
    mbutrfly11 Posts: 6, Reputation: 1
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    #5

    Oct 7, 2009, 12:23 PM
    Quote Originally Posted by stinawords View Post
    Are you legally separated or just informally separated? Also what state are you in? Those things make a huge difference.

    We were living in CA last year. He is a O/O Semi-truck driver and lives in MN. I am presently overseas but will be retuning end of this month to Boston, MA. No it is not a formal separation. He just split, and said business is bad and he can't afford me anymore!! (paying rent, bills, phones, food etc,) While he was on the road and home once every 3 weeks for 1-2 days, I was working in Home Depot, making min wage till they cut hours and let me go...
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Oct 7, 2009, 12:29 PM

    Then the answer is, no, you can't sue your husband.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #7

    Oct 7, 2009, 08:16 PM

    That does simplify the situation. The answer is an easy no. Now, if you are to file for divorce then you can ask that some of those bills that are only in your name be paid by him as well as half of whatever is split between the two of you.
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