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Divorce Source Community Forums >> Property and Debt

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mtuivai88
recently joined

Reged: 07/23/12
Posts: 1

Need of advice

#788646 - 07/23/12 02:47 PM

My fiancees ex-wife had opened up credit and debit cards in several places under her name and now shes in debt for 4,000 dollars, she did all this while he was incarcerated and now that hes out and working she's trying to tax him down, saying he has to pay 3,000 of the loan but he was incarcerated and had nothing to do with those credit cards. Does that make a difference?
In the State of California

Edited by mtuivai88 (07/23/12 02:57 PM)

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finz
Carpal \'Tunnel

Reged: 06/17/08
Posts: 6481

Re: Need of advice

[Re: mtuivai88]
#788677 - 07/23/12 08:30 PM

If he was legally married to her at the time, the courts can hold him responsible for the debt too. This SHOULD have been settled with their divorce.

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matilda
Pooh-Bah

Reged: 11/11/04
Posts: 2092

Re: Need of advice

[Re: finz]
#790380 - 08/22/12 10:49 PM

I think that he needs to look at how the credit cards are opened. If they are joint then he would be liable. If she has them solely in her credit then he could argue he never authorized them and never accepted responsibility.

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Maury
Carpal \'Tunnel

Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->

Re: Need of advice

[Re: matilda]
#790437 - 08/24/12 12:43 PM

It matters little who opened them or whose name they were in. The presumption under law is that if they were incurred during the marriage, they are marital and divisible. The argument that can be made to rebut that presumption is that the debts were incurred for something that was not for the family. The most common examples would be gambling debts or gifts for a adulterous significant other.

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