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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100044
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am a pre paid legal customer from Oregon....and am now a

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I am a pre paid legal customer from Oregon....and am now a resident at my sons home in Myrtle Beach.......I need to have help in protecting myself from my husbands bills....I do not want to be responsible for any of his depts. He is still in Oregon. What do I do???
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me:

1) Have you been contacted/sued by any of his creditors? Or is this simply a precaution in case they do pursue you?
2) How long have you lived in SC?
3) Are you planning to divorce/officially separate?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

This is only a precaution in case etc. Have arrived in Myrtle Beach as of the 26th of Aug.

Thank you, P.

In community property states, debts incurred during marriage may be passed on to the spouse. However, neither Oregon or SC are community property states. The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. So this does not apply.

In the rest of the states- SC and Oregon included - the spouses are not liable for the other's debt. So you are not.

The only caveat is debt of "necessity" such as rent, medical costs, utilities, etc. There is nothing that may be done to "limit" one's self from that debt unless you actively file for separation or divorce and any debt after that action would not be able to be attached to you.

In summary:

1) Debt generally does not attach, unless
2) It is debt of 'necessity,' which then it does, unless
3) One files for divorce or separation, in which case any debt (including debt for necessity) does not attach after that action is filed.

I hope this helps and clarifies. Good luck.

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Customer: replied 3 years ago.

What do I need to do to file for separation or HOW do I do that?

This is where it gets tricky.

"Legal separation" does not exist in South Carolina. This means in SC you can divorce, but not be legally separated.

You can legally separate in Oregon since the other partner is still living there, but whether or not you wish to do so is up to you. To see how to do so, please see here.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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