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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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Can marital credit card debt be assigned to one party or the

Customer Question

Can marital credit card debt be assigned to one party or the other. If one party claims that
a marital credit card was used without "permission", could a judge assign that debt to just one party? The card was used by both husband and wife during the marriage over a course of many years.Now, three years later, wife is going to claim that the husband "ran up" this debt without er knowledge or permission.
The card is in her name, husband and wife lived together during those years. Wife received
the statements each month and is now claiming that the card was used without her permission. The last charges in question were made three years ago, no complaints then.
Now , with divorce being discussed, she is saying she will bring this before the judge and endeavor to get the judge to assign all the debt from her credit cards to husband.
Can she do this successfully? Thanks
Submitted: 5 years ago.
Category: Family Law
Expert:  Samuel II replied 5 years ago.

Samuel-II :

Hi

Customer:

Hellow

Samuel-II :

It will depend on what the husband charged. And if the wife got any benefit from the purchases. Also, the husband will need to establish that she handled the bills and was well aware of his use

Samuel-II :

For instance, are the charges for a vacation that the wife was not invited to go on and only the husband wen

Samuel-II :

*went

Samuel-II :

That is what a court will look at.

Customer:

It was business expenses - i.e. if it allowed me/us to earn money off these purchases,... she would benefit too. And she always picked up the mail - could see all statements before me.

Customer:

It was for marketing expenses (was a mortgage broker), seminars, travel to seminars, cash advances to pay car payments, buy food, etc,...

Samuel-II :

Ah.

Samuel-II :

That's not something that would actually benefit her. If they were business expenses, they are yours.

Customer:

She wants to use the threat of the div judge making me pay her back this money as a punishment to me during the divorce.

Samuel-II :

I mean you can argue she was aware of the bills but she is just going to say yes, but for your gain

Samuel-II :

I see.

Samuel-II :

Divorce is never easy.

Customer:

Isn't my business income a benefit to both of us?

Samuel-II :

You can try to say that because of the expenses, and you got points that benefited her, as well as your work was a benefit to the marriage

Samuel-II :

You can certainly argue that.

Samuel-II :

It may come down to case law, which I do not have access to. But unless you can prove that she benefited, then the debt is yours

Customer:

How bout non bus expenses like buying food, cash advance to make car pmts,... hers and mine,...

Samuel-II :

That would be split, yes

Customer:

can a div judge say I must pay her/or the c.c. companys this money?

Samuel-II :

Of course. The judge will determine what is marital debt and what is not

Samuel-II :

Can you show that

Samuel-II :

You took the deductions from your income tax and you filed jointly?

Customer:

yes

Samuel-II :

If you can do that, then you can show that she benefited from those charges on the card

Customer:

ok

Samuel-II :

Get copies of your returns and bring those to the court

Customer:

ok

Samuel-II :

so you can show that you filed jointly and she benefied by those deductions

Samuel-II :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

Customer:

yes

Customer:

thanks for you great help!

Samuel II and 4 other Family Law Specialists are ready to help you

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