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My credit card, his credit cards and the money
Posted: May 10, 2014
I have a credit card that I had prior to marriage. My husband's name is not on it. I owe more than I should on the card and today my husband was asking about what if something should happen to me, would the credit card company be able to a) hold him responsible for my debt or b) put a lien against the home we both own for my debt. If anyone knows about this would love to have an answer. Thanks.;
yours and his - credit cards
[ In Reply To ..]From what I can tell with a quick search, it looks like because the debt was incurred before marriage, it would not. However, I am not a lawyer, and debt and property in marriage varies from state to state. Suggest you do a google search for "credit card debt prior to marriage" which will give you at least some of what you want to know. You may also want to search the divorce statutes in your state regarding division of property, not necessarily for divorce, but because that is where that information is contained in the state statutes. HTH
Debt - anon
[ In Reply To ..]If your company has an EAP program call and get a hold of a lawyer and ask them. Some states have community property laws,meaning all debts and assets are belong to both of you. Some don't. If you don't have EAP, get a hold of a lawyer near you that offers a free consultation and find out. EAP cannot tell your employer what your call was about.
If you died, it would come out of your estate--sm - anon
[ In Reply To ..]so if there is sufficient equity in your estate (like your home or any life insurance policies) they would likely be able to recover from that but not from your husband's portion of the home equity. That is my best guess.
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