Not responsible for spouse's debts


#1

Hello, Is there a way, without divorce, for my wife and I to divide our property and not be responsible for each other’s debts?


#2

If you are separated, you can divide the property and debts through an equitable distribution claim or through a property settlement without going through with the actual divorce.


#3

Can a husband and wife execute a document that separates the debt, assets, house equity, etc and NOT make them legally separated?


#4

Yes, you can execute a post-nuptial agreement that divides property and debts without getting separated. If you are interested in putting one in place, you would be well-served by retaining an attorney to draft the agreement as the validity of those types of agreements are often called into question