Credit Card - Overdraft on Joint account - CP or SS?

[gosleddog]

State: AZ - If I had a credit card with a balance - opened prior to marriage - and then while married, it was used as the overdraft for a joint checking account, and both parties of the marriage made use of the overdraft protection, increasing the balance of the card, would the balance that prevailed at the time of adding that card as the overdraft protection be considered a community debt, or remain sole and separate?
Thanks!

 

[Zigner]

State: AZ - If I had a credit card with a balance - opened prior to marriage - and then while married, it was used as the overdraft for a joint checking account, and both parties of the marriage made use of the overdraft protection, increasing the balance of the card, would the balance that prevailed at the time of adding that card as the overdraft protection be considered a community debt, or remain sole and separate?
Thanks!

Yes, it's quite possible.

 

[LdiJ]

State: AZ - If I had a credit card with a balance - opened prior to marriage - and then while married, it was used as the overdraft for a joint checking account, and both parties of the marriage made use of the overdraft protection, increasing the balance of the card, would the balance that prevailed at the time of adding that card as the overdraft protection be considered a community debt, or remain sole and separate?
Thanks!

I am going to disagree with the previous response. Yes, it is probable that any balance added to the card would be community debt, but the balance on the card prior to its use as an overdraft would still be separate debt.

 

[Zigner]

I am going to disagree with the previous response. Yes, it is probable that any balance added to the card would be community debt, but the balance on the card prior to its use as an overdraft would still be separate debt.

You don't get what I did, do you?

 

[wavehopper27]

You don't get what I did, do you?

My wife asked me tonight if I wanted to eat dinner at home or out. My answer to her was yes.,

 

[Ohiogal]

I am going to disagree with the previous response. Yes, it is probable that any balance added to the card would be community debt, but the balance on the card prior to its use as an overdraft would still be separate debt.

The payments made, during the marriage, what debt did they pay off? The prior debt? Only the overdraft debt? Prove your answer. With law -- either statute or caselaw.

 

[BigMouthWino]

The payments made, during the marriage, what debt did they pay off? The prior debt? Only the overdraft debt? Prove your answer. With law -- either statute or caselaw.

You are absolutely correct and illustrated it beautifully. The courts view the commingling of money like the commingling of water. Once OP and his wife commingled the debt and their finances it all became part of their community liabilities.

 

[LdiJ]

You are absolutely correct and illustrated it beautifully. The courts view the commingling of money like the commingling of water. Once OP and his wife commingled the debt and their finances it all became part of their community liabilities.

In this instance, the previous balance is certainly documented. Therefore its not a slam dunk that the entire balance on the card is now community debt.

 

[BigMouthWino]

In this instance, the previous balance is certainly documented. Therefore its not a slam dunk that the entire balance on the card is now community debt.

As stated by OhioGAL once payments were made from the account and new debt was added to the account it becomes a slam dunk that this is a community debt. The funds, once commingled cannot be "reset" to their original point. I seriously doubt that OP and spouse sent in two payments to the credit card, one for the joint debt and one for the prior debt, but of course anything is possible.

 

[Ohiogal]

While the amount pre marriage was recorded, what about the money used to pay that debt? Or was that paid from SEPARATE funds that can be documented? How much was paid on the credit card before marital debt became involved? The answer is NOT as simple as the premarital amount remains separate debt. NOT necessarily. The overall payment schedule needs to be determined as well as the amounts paid, when they were paid, when marital debt was added to the card, how often, who paid the debt, where those payments originated, and various other things. OP doesn't even mention how long they were married, how much was premarital, how much was post marital, how much the payments made on the card were.

 

[Ohiogal]

As stated by OhioGAL once payments were made from the account and new debt was added to the account it becomes a slam dunk that this is a community debt. The funds, once commingled cannot be "reset" to their original point. I seriously doubt that OP and spouse sent in two payments to the credit card, one for the joint debt and one for the prior debt, but of course anything is possible.



No, but if you had any pride you would back up your statements with some facts instead of blatant misstatements and conjecture.

That is not correct either. See what I posted. This is not a simple answer that it is automatic one way or the other. The other issue is what is the end game for the OP? Does she want to not be held responsible for the debt? Because if her name is on the card, the credit card company will continue to hold her responsible for the balance regardless of a divorce decree.