Can Anyone Shed Some Light On Community Property States & Unsecured Debt?

Discussion in 'Credit Talk' started by DanaF, Oct 24, 2006.

  1. DanaF

    DanaF Member

    If there are no assets in my name and I've got debt collectors coming after me....can they go after the assets in my husband's name?

    tia
     
  2. phantom

    phantom Well-Known Member

    Seems like they can if they are so inclined.

    http://www.bcsalliance.com/y_debtFAQ_olddebt.html

    >>I am married but have a credit card that is in my name only, which I have recently defaulted on. Can a creditor or debt collector go after my spouse for repayment of this debt even though his name isn't listed on the credit card?

    Yes, marriage is like a partnership with each of you jointly liable for any debts incurred during the marriage. It doesn't matter if your spouse is or isn't listed on the card as a joint accountholder, he or she can still be sued, have his wages garnished, etc., just as if he incurred the debt.<<

    Currently, the following states are community property states:

    Arizona
    California
    Idaho
    Louisiana
    Nevada
    New Mexico
    Texas
    Washington
    Wisconsin
     

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