Credit card debt/mortgage

[dmp2009]

What is the name of your state (only U.S. law)? TX

I've been married 6 1/2 years. During that time my husband has helped very little in paying any monthly bills and during the last 2 1/2 years has put ZERO money toward bills. I have bailed him out of jail several times...have paid off speeding tickets...have helped him make truck payments to prevent repossesion, etc. Now I have a lot of credit card debt b/c of all of it and keep a lock on my purse to try to keep him from taking my debit/credit card without me knowing. If we divorce, is he liable for any of the credit card debt? The credit cards are in my name...he has bad credit and can't get any. We have NEVER had any joint accounts at any time. Also I have a mortgage...only in my name, for a home that I bought prior to meeting him...is he entitled to any of that?

 

[Ohiogal]

Any debt that accrued during the marriage is marital debt and would be split 50/50 HOWEVER the creditors will NOT hold him liable for it. they will still hold YOU liable for it as you are the one who signed the contract with them. Any equity that accrued during the marriage would be split 50/50 if the mortage and/or upkeep, property taxes or the like were paid with marital income.

If you divorce you could find yourself paying him an amount of spousal support for a short period of time.

 

[LdiJ]

Any debt that accrued during the marriage is marital debt and would be split 50/50 HOWEVER the creditors will NOT hold him liable for it. they will still hold YOU liable for it as you are the one who signed the contract with them. Any equity that accrued during the marriage would be split 50/50 if the mortage and/or upkeep, property taxes or the like were paid with marital income.

If you divorce you could find yourself paying him an amount of spousal support for a short period of time.

I agree...but if the house gained any real equity in the last 6 1/2 years, I would be certainly trying to trade the equity for the marital debt.

You won't ever be able to count on him paying his share towards the marital debt if it is all in your name, so asking the judge to let you keep the equity in exchange for the debt, is much wiser.