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  1. #1
    Join Date
    Feb 2009
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    Default Spousal Financial Liability for Debt of Arrested Husband

    My question involves criminal law for the state of: Colorado

    I have a friend who's husband has been arrested for "sexual assault on a child by a person in a position of trust", a class-3 felony. He is still having his preliminary hearings, etc. This event has created unbelievable debt from bail being posted, lawyer fees, and if convicted, there will most likely be a heavy fine, of $100,000 aside from possible prison time. The wife is a victim along with the child and family that had this put upon them. The wife has left her husband, and is seriously thinking of divorce. She cannot afford to be saddled with having to pay off these debts that she had no responsibility for in creating. Does she have to divorce him in order to be freed from these debts that are really her husbands ? OR can she put a public notice in the paper, stating that she isn't responsible for any debts created after such and such a date. What will hold up in a court of law ? What is the recommendation to her on this ? We really appreciate your help.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Spousal Financial Liability for Debt of Arrested Husband

    If she contracts to pay the debts, or pays them out of the marital estate, she's on the hook for them. She doesn't have to post his bail. She doesn't have to guarantee his legal bills (although he may be able to borrow money against, for example, a home equity line of credit for which she is obligated to pay). She doesn't have to pay his court fines or restitution. It sounds like she's voluntarily assuming some of these expenses and obligations.

    She's "thinking about" divorce - why only thinking?

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