Legal Question in Bankruptcy in Wisconsin

husband racked up credit card gambling

Does this law apply only in TX, I am in Wisconsin and have the same problem. My husband is retired (70) and is a recipient of a liver transplant. I am 59, took early retirement and now am forced to go back to work. He has charged over 100k on credit cards with his gambling. We now cannot make the mortgage and credit card payments. How responsible am I for his debt? If I divorce him because we live in WI am I responsible for his debt??


Asked on 1/18/08, 5:41 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

WI Maritial Property Liability for Husband's Gambling Debts

You need to retain an experienced bankruptcy attorney as soon as possible. Unfortunately, the WI Marital Property Act makes an innocent spouse potentially liable for WI marital debts incurred by the other spouse. Your Attorney should investigate possible defenses available to you as to whether or not this is indeed WI marital debt, if the husband lives out of state. However, Texas laws may be the same as WI in this regard. The most economical way out of such a situation may be in pursuing bankruptcy relief, assuming that one is eligible for it and that you do not have major assets at risk. Even this, however, is fraught with risks including denial of discharge if the credit was fraudulently obtained. Additionally, a divorce may be the only means to prevent one�s spouse from obligating them to more debt in the future.

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Answered on 1/19/08, 4:32 pm


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