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  1. #1

    Exclamation Responsibility for a Spouse's Credit Card Debt

    My question involves collection proceedings in the State of: New York
    My father has a high outstanding credit card debt. He is currently not working because he is on disability and he won't be able to work anytime soon due to his failing health. My mother wants to know if she is responsible for the debt that he had acquired while they were married (they are still married.) If she refuses to pay for his debt and stops paying for it, would the credit card company's make my mother pay for this debt? Also, these credit cards are my father's personal credit cards, where my mother's name isn't added to them.

    My mother also plans to get her own personal bank account, because they have a shared account. So she was also wanting to know that if she doesn't pay for it, would the government take the money out of the shared account where her paychecks are currently coming into.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Husband's Credit Card Debt

    in general, no, she wouldn't be liable for the debts BUT joint assets would be exposed to lien or seizure (if they qualify as a seizable debt of the husband otherwise).

    She may be liable for some of the debt. In some areas of New York they follow what is called the law of necessaries. That means if the debt is for an item that is considered necessary for life (food, shelter, medical expenses), it can be considered a joint debt.

    is mother an authorized user of the cards? Did she actually use the cards?

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