Legal Question in Family Law in Illinois

My wife owns a home in nevada. we currently reside in illinois. she also has several credit cards in her name only, the house is in her name only. in the event of a divorce, what is my liability to these assets?


Asked on 11/21/09, 1:06 pm

1 Answer from Attorneys

It depends on where the divorce can be procured and whether the home is considered marital or non-marital property. If Nevada is a community property state that could be irrelevant. As to the credit cards, when you say they are in "her name only" does that mean only her credit was used to apply for the card, or is it that both your and her credit were used but only she carries a card? Some missing facts but if your question is about being liable for debts it depends on the state and whether you are protected from debts that only she has created under the given state's laws. In Illinois at least people can create debts for which only they are liable even if married; the problem is that if the debtor can't pay the debt but owns property with you then your asset is potentially in jeopardy from her creditors seeking to satisfy a judgment through her share of joint assets depending on how they were held.

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Answered on 11/29/09, 10:04 pm


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