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  #1  
Old 03-08-2009, 03:41 PM
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Liability for Current Spouse's Debt


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


Is there any way that a married person can protect themselves from the liability of debts being incurred by their current spouse (i.e. some document that can be recorded for legality's sake, a public notice, etc.)?
  #2  
Old 03-08-2009, 06:23 PM
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Quote:
Originally Posted by kjohnson01 View Post
What is the name of your state (only U.S. law)? Virginia


Is there any way that a married person can protect themselves from the liability of debts being incurred by their current spouse (i.e. some document that can be recorded for legality's sake, a public notice, etc.)?
Nope...If you are not a party to the debt then the creditors cannot come after you (even though some of them may lie and say that they can) but you could still be held responsible for 1/2 of them in a divorce situation...depending on the nature of the debt.
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  #3  
Old 03-09-2009, 11:44 PM
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Liability for Current Spouse


So if my current spouse has borrowed a significant amount of money from an individual who has unlimited resources to collect, for instance, I am still liable for the debt? What about if I've made it clear to the lender that should he/she lend the money to my spouse, that I am opposed to the loan and consider myself not a party to the loan? Nothing was signed in any transaction(s) by either my spouse or myself.

Last edited by kjohnson01; 03-09-2009 at 11:46 PM.
  #4  
Old 03-10-2009, 09:31 AM
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Then you are not liable for the debt if you did not agree to the debt (signing a contract or accepting the money).
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #5  
Old 03-10-2009, 10:34 PM
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My heartfelt thanks to any and all who replied to my questions.
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