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  1. #1
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    Sep 2005
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    Default Re: How to Limit Liability on Non-Joint Credit Card Debt

    Your wife's separate debt is her responsibility, but a divorce court can consider her debt and how the debt was incurred when devising an equitable distribution of the marital estate.

    If you wish to try to enter into some sort of post-nuptial agreement in relation to marital (and separate) assets and debts, I would urge you to do so with the help of a lawyer - and for your wife to have her own, independent attorney advising her.

  2. #2
    Join Date
    Jan 2009
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    2

    Default Re: How to Limit Liability on Non-Joint Credit Card Debt

    Mr. KnowItAll,

    Thank you for your previous post.

    Do courts typically make a distinction between necessary items and unnecessary items when determining who pays the debt for community property?

    For example, my wife will spend $5 each on several posters of a current "pop-star" knowing that she is just getting herself deeper into debt. Yes, these items are for one of my daughters so I would assume "community" property. But, they aren't necessary to the family so I wouldn't want to be forced to pay for them.

    Thank you for your time.

  3. #3
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    Default Re: How to Limit Liability on Non-Joint Credit Card Debt

    If you want to waste the court's time arguing over who should pay for a $5 poster, have at it. If you both have lawyers, it shouldn't cost you more than a few hundred dollars per poster.

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