Expert: Terry Leeders - 4/23/2009

Question
QUESTION: Can debt(credit card) in my name only (nothing ever combined or in both names), incured both before and during marriage- only by me, affect spouse if separation/divorce is already final? I had the cards before we even met. I am in a community property state.

Thank you for your time!

ANSWER: Normally debts incurred during the marriage can be pursued against both spouses in a community property state.  If the party can prove that they were not for family use, then they might not be able to pursue. Also, the divorce decree may control as to who is responsible for which debt, which would supersede the community property rule.

---------- FOLLOW-UP ----------

QUESTION: SO do you mean that if the divorce decree stated that I am to pay all debt in my name, on my accounts, just as I did before marriage, that would keep them from pursuing ex spouse and override community property rule?

ALso-I forgot to ask- since we are still under the same roof until I can file, will ex-spouse's income be counted for the means test? DO I have any other options if yes?

Thank you very much for your help!!! Much appreciated!

Answer
Yes, the income would be counted toward household income.
as for the other matter:
the divorce decree is between you and your ex, that controls between you two who is responsible for the debt.
Community property rules allow the creditor to pursue the parties.  the non-named party has to bring up the exception to the community property rules to show that it shouldn't be their responsibility.  these are 2 different issues.