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rvlaw
rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience:  NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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I am legally separated from my husband. I had good credit, ...

Customer Question

I am legally separated from my husband. I had good credit, no debt and own my own outright. Recently I found out that my soon to be ex-husband filed a bankruptcy. I then found out that my credit score was dropping quickly. After reviewing my credit report I noticed $37,000 of debt that I never knew about. I then found out that this was a credit card and line of credit that my husband took out and spent. I never knew anything about it. Now the creditors are coming after me. I am told thaat I am responsible for this. I only make $19,000 a year and feel that I shouldn''t be responsible and even if I am I can''t afford it. Will these creditors come after my home if I refuse to pay. Or if I decide to file a bankruptcy are they allowed to still come after my home?
Submitted: 8 years ago.
Category: Legal
Expert:  rvlaw replied 8 years ago.

Hi,

Is the 37K in your name as well as his?

Rich

Customer: replied 8 years ago.
According to them and my husbands bankruptcy lawyer it is my responsiblility becasue he took these debts out while we were married. I did not know about these tough as he was spending all of this money on vacations for him and his grilfriend.
Expert:  rvlaw replied 8 years ago.

Hi,

They are dead wrong and are just trying to scare you into paying. I am a NY attorney and the only time a spouse is liable for the debts of the other spouse is for necessaries....food, clothing, etc. not trips with a girlfriend. The other questions are therefore academic.

 

Rich

This is information only, NOT legal advice. No attorney-client relationship has been created. Consult an attorney in your state for legal advice regarding your issue.

 

rvlaw and 11 other Legal Specialists are ready to help you
Customer: replied 8 years ago.
$15 has already been debited from my account
Customer: replied 8 years ago.
I appreciate the help. The answer was not really enough detail. I understand this is not going to be extremely thorough legal advice but I do appreciate it and found it a little bit helpful. As far as the $15 goes. It has already been deducted from my bank account. I do not want another $15 to be deducted.
Expert:  rvlaw replied 8 years ago.

Hi,

1. That is simply the accurate statement of NY law. You can't be held liable for those kinds of expenses unless you were on the card too. I don't know what else I can tell you :-(

2. Your card was only debited once.

Good luck.

 

Rich

This is information only, NOT legal advice. No attorney-client relationship has been created.