[tualatin]

My spouse and I were seperated (living at seperate addresses) for a period of 8 months. During that time, she accumulated $10k debt on her credit card (not co-signed by me). I did not receive any benefit from her debt nor when we got back together did she bring back items of value that I would benefit from. She has signed a quit claim on our home. She does not work but cares for our child. None of the bank accounts are in her name. Can the creditor sue me to get at my accounts, house, or paycheck since I had no part in the debt and received no benefit from it?

[aaron]

A creditor can go after joint assets, or seek to set aside or circumvent transactions which run afoul of your state's "fraudulent conveyance" laws (meant to permit collection where people transfer assets to try to keep them out of reach of known creditors, and to thereby make themselves "uncollectable".)

[tualatin]

Thanks for the reply. I guess my main question was whether or not debt that I had nothing to do with nor benefitted from could be attached to me. I realize we are married and our assets are considered joint, however, as far as I am concerned this is debt outside the marriage (since we were seperated when it occured).

[aaron]

First, if you were married, separated or not, you were married.

Second, even if the asset became joint after the debt was incurred, the creditor could still go after the joint asset. Creditors love joint bank accounts.

[tualatin]

We have no joint assets. I am worried though, that once they have a judgement against her (which is currently happening) they will try to sue me. The goal is to settle with the creditor, but they will not settle for a reasonable amount unless they see my wife as "judgement proof". I'm just wondering if they have legal reason to sue me since I did not participate or benifit from the debt?