My spouse is offering to take out a personal loan to pay off credit card debts he has incurred. He said he would put the loan in his name. If he does this, would I be liable after the divorce if he defaults on that loan? My name would not be on it but he would be getting the loan while we are in the process of divorcing.
If the debts he pays off with the personal loan are marital then the personal loan is marital too even if it is in his sole name.
not an attorney
Adding to OP’s question…if the stbx takes out that loan AFTER the date of separation to pay off those other debts, then would that not constitute a “sole and separate” debt and therefore not subject to distribution? I could understand if the loan was taken out while they were still together, but if the other spouse takes that loan out after separation, I don’t see how that’s much different from taking out a new credit card in their name…whatever that debt amount is would surely just be theirs, right?
I think Attorney’s answer assumes ED is not settled yet or divorce not finalized. I don’t think judge would punish spouse for refinancing… making a prudent financial choice after separation date. The wife would not responsible for the debt TO THE CREDITOR but would be still be in regards to ED in this case.