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First off let me start I am in Arizona. My wifes ex-husband

 
 
 

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First off let me start I am in Arizona. My wifes ex-husband has a debt of some $8000 that he aquired while they were married. My wife recived a summons with my name on it as well. I have just bought a house but my wife is not on the title or morgatge. My question is am I responsible for this debt can they garnish my wages and take my home or put a lean on it. If I am what should I do. Also is she only responsible for half. The debt was aquired in Az as well.

Submitted: 964 days and 22 hours ago.
Category: Legal
Status: CLOSED
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State/Country relating to Question: Arizona

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Just got summons today

 
 
 
 
 
 
Posted by Brandon M. 964 days and 22 hours ago.

Expert's Answer

Hi there:

although spouses can be responsible for debts accrued by their spouses during the marriage, the debts that the bring into the marriage are their separate debts under ordinary circumstances. Debt collection companies are sloppy when they sue; answer the complaint and do what you need to to clear your name, but don't worry about it for yourself.

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964 days and 22 hours ago.

Customer Reply

Ok not sure if I made it clear kinda late also alittle worked up. Just on last question my wife and I believe in paying things we are responisble for but as she said she should only be responsible for half. Should i have her get one of those Attorney's that specializes in debt collections to help setup payments and lower cost overall.

 
 
 
 
 
 

Accepted Answer

Hi again:

the debt should have been divided in her divorce, but if it wasn't, the creditor can typically seek a judgment from either spouse; thereafter, the spouse who was stuck with the judgment would need to sue the spouse who wasn't for 1/2.

As for getting an attorney that specializes in debt collections, it does not hurt much to at least get a consultation, so I would typically recommend that. Just be very careful who you see; for some reason, there has been an epidemic of attorneys in that specific specialty who have been defrauding their clients.

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Expert: Brandon M.
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Answered: 10/2/2009

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