Legal Question in Credit and Debt Law in Florida

In a married couple if one individual has a debt are they both legally bound to pay this debt?

Asked on 8/01/13, 8:54 pm

2 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

If the debt is solely in one spouses name the other spouse is not legally obligated for the debt unless they have agreed to be. However, some assets of the debtor could be in danger of garnishment which usually does impact the spouse. Keep in mind, most assets held jointly by both spouses are usually not subject to garnishment if ownership of the asset occurred simultaneously.

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Answered on 8/02/13, 6:12 am

Joseph Justice The Justice Law Firm

Debts aquired during a marriage are often considered joint marital debt. A common example is a student loan acquired during the marriage is usually joint marital debt.

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Answered on 8/02/13, 6:45 am

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