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Is Husbands debt my debt in Ohio?

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ohkw

Junior Member
What is the name of your state (only U.S. law)? OHIO

If my husband has credit cards in his name only am I responsible for his debit if he defults?
 


ecmst12

Senior Member
Ohio is not a community property state, so as long as he didn't use the cards to pay for food, medical bills, or other "family necessities", you should not be responsible for them.
 

ohkw

Junior Member
So your saying if he used them at Home Depot or the grocery store or to get gas, them Im responsible for them? He has racked up $12k in debt and I'm sure he probably use them to pay for some of thoses things. How can I be responable if it's not my card?
 

cosine

Senior Member
Is there a debt collector trying to get you to pay his defaulted card? Are you still married to him?
 

TigerD

Senior Member
OP - Why do you ask?
Are you leaving him and are worried about it? Or are you simple looking for a way to steal from creditors?

Personally, I think community property states have it right. My wife spends $100 on gas and it benefits me. So why should I quibble when the bill comes?

You're married for better or worse -- grab your checkbook and do the right thing.

DC
 

ecmst12

Senior Member
Home depot, and probably gas too, is not considered a family necessity. If the charges were for mixed things, with food being one of them but not the majority, then most likely you would never be held responsible for it.

If MOST of the charges were for life-and-death necessities (food, shelter, medicine), then if the creditor were to sue, they could try to argue you are responsible....I forget the term, DC help me out? It's not a certainty by any means.

But that would only ever come up in a lawsuit and would be decided by the court. And more then likely, it will never come to that. If your husband defaults, they will pursue him, and if they try to go after you, you can safely tell them that you are not a joint account holder and buzz off. If he should die before you, his estate will be responsible for the debt, but YOU are not.
 

TigerD

Senior Member
If MOST of the charges were for life-and-death necessities (food, shelter, medicine), then if the creditor were to sue, they could try to argue you are responsible....I forget the term, DC help me out? It's not a certainty by any means.
That would be the doctrine of necessities.

But it is unlikely.
I have only seen it argued for medical debts.

DC
 

ohkw

Junior Member
I pay all the credit card bills (his and mine)from my account only and I just found out that he was having an affair and confronted him. with that I told him that I was not going to pay any of his credit cards anymore and that is why I am here asking this question. Thanks for the responses. I will probally be seeking a divorce as well.
 

LSCAP

Member
Probably? seeking a divorce.

Sure, give him time to...Um, take out a loan in your name? or....

And I'm a male speaking.

Fool me once and that's your mistake.
Fool me twice and that's my mistake.
 

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