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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33264
Experience:  Began practicing law in 1992
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I am 62, on disability(not SSI) and recently married. All of

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I am 62, on disability(not SSI) and recently married. All of our assets and debts are seperate except our home(I am not on the note;just the deed ).He works $44000/yr. We've been "creamed" with taxes, thus far. If he gets very ill, am I resonsible for his medical bills? And if I divorce him, would I still allowed to be on the home deed ? The home is only thing that we have jointly? I just want to maintain my excellent credit and Not be involved with the home's sale or forclosure. Could I do a quit deed at the time if his inhability to pay the note, to free me? TYVM Pam

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

I'll answer the questions one at a time, as you asked them.

JD 1992 :

If he gets very ill, am I resonsible for his medical bills?

JD 1992 :

Only if you sign something saying you are responsible for them.

JD 1992 :

You would need to be very carefully if you sign him in at the doctor's office or the hospital because they usually have a paper in there where you agree to be responsible for any charges.

JD 1992 :

if I divorce him, would I still allowed to be on the home deed ?

Customer:

I am in LOUISIANA

JD 1992 :

Typically, no. The judge usually divides the house at divorce if it is at all possible. Sometimes it is not, because of finances, but if possible the judge will divide the house and remove someone's name.

JD 1992 :

Could I do a quit deed at the time if his inhability to pay the note, to free me?

JD 1992 :

You can quitclaim the property interest back to him if you choose to do so. Ownership of the property and responsibility for the debt are two different things although your ownership makes you responsible for some part of the taxes.

JD 1992 :

Did you have additional questions?

Customer:

See I am in Louisiana and that is what is so dificult, community property.

JD 1992 :

I'm familiar with the situation in LA.

Customer:

Community property state

JD 1992 :

While it is a community property state, the debt works a little different than property ownership.

Customer:

I have actually considered divorce, but I love him.

JD 1992 :

It is an urban myth that spouses are automatically responsible for all debt of the other spouse in community property states.

JD 1992 :

While there are a very few unique situations where a creditor can pursue both spouses, it is extremely rare for them to do so.

Customer:

Are you there?

JD 1992 :

They can only pursue if it is a cost for a "necessity of life".

JD 1992 :

Can you see my responses so far?

JD 1992 :

It looks like Chat may be having a problem so I will switch this to a regular Q and A.

Customer:

I am in a community property state, Louisiana. That is the big delimma. Would a divorce be a better solution? That is all I need to know. I do not sign anything as far a responsibility, but Louisiana is different. I Love my husband and want to stay married, but we are getting older,now and I worry. TYVM. I did not get all of my answer. I am willing to pay the $36.00 to get an answer.

Dwayne B. and 4 other Legal Specialists are ready to help you
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I am familiar with LA laws and the information I gave you is correct for LA.

There is really no reason to divorce just to prevent the debt but what you can do if you want to be extremely careful is go to a lawyer and have them draw up a "post-nuptial agreement". That should provide all the additional protection you would ever need. It essentially says that you are going to agree there is no community debt or property between you.

Thanks very much for the Positive Rating and the Bonus!