Am I Responsible for Ex-Wife's Credit Debts?

[sea99tw]

What is the name of your state? Washington

During our marriage, my ex-wife acquired a couple credit cards in her name. She incurred some charges during our marriage. I recently became aware that her accounts are now past due. Unfortunately, one of the accounts was not listed on the divorce documents.

Am I also responsible for the charges she incurred on her credit cards during our marriage, even when the accounts are in her name only?

Losing sleep over this, I appreciate any feedback that you have.

Thanks

[Debt Guy]

Washington is a community property state. That means both spouses and liable for any debt acquired during the marriage. It makes no difference if the debt is in one name or both names.

Your divorce decree may assign responsibility for certain debts to certain parties. However, creditors are not bound by the divorce decree and are free to pursue either party for the debt.

If your former spouse fails to satisfy her responsibility under the divorce decree and you are required by a creditor to pay her debt, you have a cause of action against her for recovery in the divorce court.

As to a debt not mentioned in the decree -- well, I don't know what the divorce judge would say. You would have to go back to court to find out.

I know this is not what you wanted to hear. Better that you know now what you are facing.

[Ladynred]

If your divorce is final, the COMMUNITY has ended ! The community only exists as long as you STAY MARRIED. The divorce severs that.

[sea99tw]

Originally Posted by Ladynred

If your divorce is final, the COMMUNITY has ended ! The community only exists as long as you STAY MARRIED. The divorce severs that.

Thank you all for replying to my post. I really appreciate it. Yes, my divorce was finalized a year ago. My ex-wife has unable to obtain employment and she has been behind her payments for months.

I know that Washington is a community property state, that's why i am kind of concerned and worry that the creditors might come after me. So far, I have been getting two opposite answers. Some said I am still responsible, and some said no.

During my marriage, my ex-wife obtained credits on her own name. She was the only useer on the accounts. When the community has ended, does it mean that I am not responsible even when the debts were incurred during marriage? Could somone point me to some state statues that state this?



Thanks again

[Ladynred]

Let me preface this by saying that you should consult with WA attorney to be 100% certain of your liabilities.

Now, I went and did some digging into the WA statutes regarding marraige, community property and divorce. Per RCW in a dissolution of marriage, the COURT decides the 'equitable distribution' of property, considering community property, separate property, future income, and a few other factors in the division. Your divorce decree should state who gets what - including the debts.

From a couple of WA legal resources:

All liabilities must also be divided when dissolving a marriage. Consideration is given to the type of debt and the circumstances under which it arose. Factors influencing the property division are also applied when dividing obligations.

... in a divorce the court has broad powers to award both community and separate property to either spouse.

Does your divorce decree say that you are each responsible for your own debts ?

The community property only exists while the marriage exists, once that marriage is dissolved, there is no more community anything. Your only obligation would be if the court ordered you to pay debts that SHE incurred.

[Texas Pooh]

Debt Guy is right - third parties are not bound by the divorce decree. They come after you and you have to go after ex. A quick call to your divorce lawyer will confirm this - this is not an unusual question, it comes up all the time in divorces.

The newly discovered debt has to be reallocated in the divorce decree based on how things were divided at the time of the divorce. The court will divide the debt (or assign it to your spouse) based on how everything else was divided. You'll have to consult with your divorce lawyer about the costs of doing that.

How much are the debts? You're going to have to do some hard math of the costs of paying to protect your credit/preventing a judgment, etc. and then the costs of proceeding against ex (is there anything there to collect?).

[sea99tw]

Originally Posted by Texas Pooh

How much are the debts? You're going to have to do some hard math of the costs of paying to protect your credit/preventing a judgment, etc. and then the costs of proceeding against ex (is there anything there to collect?).

My estimate of the amounts from the two cards total $22,000. It's kind of hard to believe that I will still be responsibile considering:

1. Marriage ended
2. Separate Debt (only ex-wife's name, debt incurred by ex-wife only)
3. Decree assigned debt to ex-wife

I think i will consult with a local attorney to go over this.

Thanks guys