Legal Question in Credit and Debt Law in Idaho

Legally Separated

I have been legally separated for some years, my estranged husband has aquired credit card debt, and even had the nerve to use my business name. I was never on these cards, or used them, but they are telling me that because of Common Law I and my business are also responsible for these debts. Is this true?

Asked on 10/29/04, 11:41 am

1 Answer from Attorneys

Jared Martens CHRISTIAN & MARTENS LAW GROUP, P.C.
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Re: Legally Separated

If you live in Idaho, it is not "common law" that you need to worry about, it is community property. Idaho is a community property state. That means that you are responsible for 1/2 of the debt acquired during marriage. If he declares bankruptcy the debt will all be shifted to you. So, it is true. Your only way completely out of the responsibility is for you to get a divorce and declare bankruptcy shortly thereafter. That way all of the debt is shifted back to him and he can declare bankruptcy on his own if he so chooses and it will not come back on you. So, if it were me, I would probably go ahead and get a divorce and if the debt is way too high, I would then declare chapter 7 bankruptcy.

Jared B. Martens

(208) 322-6448

(800) 915-6448

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10/29/04, 2:34 pm

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