Legal Question in Family Law in Michigan

Debt incurred during separation (non-legal)

I got married in August 2003. In April 2004 my husband left and we have not lived together since then. We have continued seeing each other, but he has his place and I have mine. We are not legally separated. I recently found out that since he left me he has incurred $54,000 in credit card and home equity loan debt. The debt is not in my name and I have not benefited from any of the money. My question is: Am I legally responsible for this debt if he does not make payments? When I ask him what he spent the money on he tells me that it is none of my business. Help!!!


Asked on 11/18/05, 4:55 pm

2 Answers from Attorneys

Charles Lawler Clark Hill PLC

Re: Debt incurred during separation (non-legal)

Someone needs to review the documents that are the basis of the debt. For instance, if you are on the credit card accounts you will probably be liable. Furthermore, if the home equity loan is in your name you may be liable. Who is the home owned by that the home equity loan is tied to? The home equity loan is recorded against a home and will be paid off out of the proceeds of the sale of the home.

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Answered on 11/18/05, 5:12 pm
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Debt incurred during separation (non-legal)

You are probably not going to be liable based on the information you have provided. You indicate that the debt is not in your name, and apparently you did not sign any loan documents for a home equity loan. As long as your signature was not forged, and you, in fact, and you are not the primary account holder or a co-signer on the credit card accounts, you should not be held liable if he defaults on the payments. Check your credit reports. You can get one free credit report annually from each of the three major credit card companies by logging into www.annualcreditreport.com.

Good luck.

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Answered on 11/22/05, 5:05 pm


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