Yes. You are still legally married and the creditor could come after you for his debts for necessary expenses, such as medical care, during this separation.
Even if your spouse opens up a line of credit in their name only, you could still be liable for that debt. Creditors can go after a couple's joint assets to pay an individual's debt. ... In that case, the creditor can only go after the person responsible for the debt.
Since California is a community property state, the law applies that the community estate shared between both individuals is liable for a debt incurred by either spouse during the marriage. All community property shared equally between husband and wife can be held liable for repaying the debts of one spouse.
Keep Things Separate
Keep separate bank accounts, take out car and other loans in one name only and title property to one person or the other. Doing so limits your vulnerability to your spouse's creditors, who can only take items that belong solely to her or her share in jointly owned property.
Do You Inherit Debt When You Get Married? No. Even in community property states, debts incurred before the marriage remain the sole responsibility of the individual. ... If you signed up for a joint credit card before getting married, then both spouses would be responsible for that debt.
All states today require husbands to provide necessities for their wives and children, and in many states wives face similar requirements. Debts incurred during marriage, especially for necessities, are normally considered joint debts, even if spouses are living apart but are not divorced.
Credit scores are calculated on a specific individual's credit history. If your spouse has a bad credit score, it will not affect your credit score. However, when you apply for loans together, like mortgages, lenders will look at both your scores. If one of you has a poor credit score, it counts against you both.
If the home is owned solely by your spouse then the house will be sold by the Trustee. If the home is jointly owned (for example by a husband and wife as joint tenants), the joint tenancy is automatically severed upon the bankruptcy of any one of the joint tenants.
When you take out a joint debt, you and your partner both become responsible for the debt – the full amount, not just “your share” or half. If one of you cannot pay, you are both liable for the full debt no matter who has spent the money. This is what is known as “joint and several liability”.
Family members, including spouses, are generally not responsible for paying off the debts of their deceased relatives. That includes credit card debts, student loans, car loans, mortgages and business loans. Instead, any outstanding debts would be paid out from the deceased person's estate.
Generally speaking, a debt that is is your name is your responsibility alone. Your spouse's account cannot be garnished in most circumstances, although exceptions may apply if you share a joint account or if the expenses leading to the debt were used for their benefit.
Ask what you're willing to live with
It's important to find out how your partner feels about teamwork and you both taking a role in making sure responsibilities get met. If they really care about your relationship, they'll be willing to talk it over with you and find a compromise.
Financial infidelity happens when you or your spouse intentionally lie about money. When you deliberately choose not to tell the truth about your spending habits (no matter how big or small), that is financial infidelity.
Kendrick says the chief reasons people lie about money to their partners are pragmatism, control, guilt, and fear. The pragmatic lie may result from planning an eventual split and not wanting the other to know how much money is available.
When your creditor has a court order against you, they can apply for another court order that secures the debt against your home or other property you own. ... After your creditor gets a charging order, they can usually apply to the court for another order to force you to sell your home. This is called an 'order for sale'.
You are generally not responsible for your spouse's credit card debt unless you are a co-signor for the card or it is a joint account. However, state laws vary and divorce or the death of your spouse could also impact your liability for this debt.
Fortunately, your spouse's past credit history has no impact on your credit profile. Only when you open a joint account will any information be shared on both of your credit reports. However, when you want to buy a home together, your spouse's negative credit history could impact your mortgage rates.
Make your spouse an authorized user on your credit card
By someone as an authorized user on your credit card account adds your credit history to their credit report. The effect is most powerful when you add someone to an account with a great record of on-time payments.
If an abusive partner (to whom you are not married) failed to re-pay money that you lent to him/her or failed to make credit card or loan payments that s/he agreed to, you may be able to take the abuser to small claims court to sue for that money.
In California, each spouse or partner owns one-half of the community property. And, each spouse or partner is responsible for one-half of the debt. Community property and community debts are usually divided equally. You may have more community property than you realize.
The role of the husband in a marriage was to be the protector or guardian of the house. ... The primary role of a husband in a marriage is to love his wife unconditionally and unselfishly. The husband is often looked at as the rock-solid support in a family and someone a wife can lean on in her difficult times.
They may disagree with something but remain silent because they don't want to upset her or feel like it's not worth the hassle. Other times, they voice their opinion only to be ignored or steamrolled. Being a passive husband is detrimental to the family, the marriage, and the kids.