Can Law Firms Sue Me for Credit Card Debt That Is My Husband's?

You might not be liable for charges run up by your husband.

If your husband has significant credit card balances and has defaulted on payments, you might be concerned that you can also be pursued for the debt. Unless you live in a state with community property laws, this can only happen in specific circumstances.

Community Property States

Nine states in the U.S. operate under community property laws: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. In addition, some cases in Alaska can be dealt with under community property laws. In these states, the courts do not distinguish between the debts of husbands and wives. Each spouse can be pursued for the debts of the other. You should note that this applies only to debts incurred during the marriage. Bills that were run up before you got married belong to your husband alone.

Joint Card

All other states operate protections for spouses in debt cases. However, if you are also an account holder on the card that your husband used, you can be held liable for the debt. It doesn't matter whether you agreed to the spending or if you benefited from it -- just the fact of your signature on the account makes you jointly liable.

Single Card Holder

If the card is in your husband's name only, you cannot be held responsible for the debt in noncommunity property states. This is also the case if you were an authorized user of the card, but not an account holder. The card-issuing company might well try to pursue you for the debt, hoping that you will pay up in ignorance of the law, but it does not have legal standing to do so. It is possible for attorneys to go after savings in a joint bank account, but only up to half of the account balance.

Attorney

If the debt is significant and the company has hired lawyers to pursue you, it's well worth engaging an experienced attorney to talk you through your rights, and then fight back on your behalf. She will be familiar with your state's laws on debt collection. Often the fact that you have sought legal counsel might make the credit card company think twice before pressing its case.

References

• Nolo; Debt and Marriage -- When Do I Owe My Spouse's Debts?; Bethany K. Laurence
• Federal Trade Commission: Credit and Divorce