Help!


#1

If your husband has incurred debt after the two of you are separated, it is his sole responsibility. I would suggest you contact the three credit bureaus and have them issue a fraud alert under your name. This is will protect you in the event your husband attempts to open any cards in your name. Any time there is an attempt to open a credit account in your name the credit company will be required to speak to you directly.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

I’m confused. Are you saying that if a spouse runs up a charge card and it isn’t even in YOUR name, that you are responsible for one half of that cost??! My husband and I have SEPERATE EVERYTHING. We have seperate checking, savings and charge cards. I take care of my money and debts and he does as well. I’ll be darn if I’m going to pay half of ANYONES debts. That doesn’t even make sense


#3

Yes. Debt incurred during the marriage and before the date of separation is presumed to be marital debt, the title to property and debt is irrelevant. You indicated that you and your husband are separated so you are NOT responsible for his credit card debt that he has incurred since separation.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

Sounds like N.C. is in need of ALOT of changes in regards to divorce! What is this world coming to, when you are responsible for what your spouse does. I will not pay half of ANYTHING in regards to charge cards that my husband runs up, nor will he get half of a retirement that I’ve put all the money into while his retirement is nil. I’ll stay married and make his life a living hell before I give up everything I’ve worked for to someone that has contributed much less plus is dating on the side… INSANE!


#5

Most states are now Equitable Distribution states which treat debt in the same manner as North Carolina. Debt incurred by either spouse during the marriage is martial and thus subject to division just like all the other property.
Like I have said before, this does not apply to you as your husband


#6

My husband and I are separated. He has accumulated debt on several credit cards that he opened with his Mom. Am I now responsible to share his debt or is it viewed as his debt only along with his Mother. I have no clue what he was charging and why. I did not co sign for the credit card and did not at any time use them