Who is legally responsible for bills when spouses are not?
In equitable distribution states, there may not be a completely equal distribution of property and debts. Even if a separation agreement or divorce decree states that a spouse is responsible for certain debts and the other spouse is not, this statement has no effect on the creditors because family courts do not have jurisdiction over third parties.
What happens if both spouses fail to pay bills?
In some scenarios, such as a mortgage payment, joint credit card account, or car loan, both spouses may have their name on the bill. When both spouses are listed as responsible parties to the debt, failure to pay those bills on time will result in credit damage to both parties.
Do you have to pay back debts after marriage?
Debts that existed before the marriage remain the sole obligation of the responsible party. A successful bankruptcy will eliminate your legal obligation to pay back most, if not all, of your debts. With a Chapter 7 bankruptcy, you risk the liquidation of your valuable assets but emerge debt-free in just a few months.
When is it your partner’s responsibility to pay bills?
You will need to consider the long-term ramifications of missing payments when you are financially responsible and able to pay. Even if you feel that it is your partner’s responsibility to cover that expense, you should still make sure that payment is issued for each and every bill.
Who is legally responsible when spouses are not?
Even if a spouse would not be legally liable for a debt, he or she may become liable by an agreement. If the spouse told the creditor or the other spouse that he or she would pay a debt, that spouse may create a contract that both the spouse and the creditor can rely on.
What happens if one spouse pays all the Bills?
If one spouse pays all of the mortgage and household expenses, even while maintaining their own separate residence, you may have significant financial repercussions before the divorce is finalized. This cost can add up to thousands of dollars, which is a major disadvantage to the responsible party.
Who is responsible for a spouse’s debt after marriage?
In common law states, debt taken on after marriage is usually treated as being separate and belonging only to the spouse that incurred them. The exception is those debts that are in the spouse’s name only, but benefit both partners.
Who is responsible for bills after a divorce?
The decision about who is responsible for payments is largely a personal one, which is based on the unique factors of your marriage and divorce (including your finances, emotions, and ongoing relationship). The spouse whose name is listed on the bill is usually responsible for that bill, but it the specifics of the marital home can get complicated.