Debt Collection, Garnishment, Repossession

questions & answers

Question: I was officially divorced 01/18/2019. I have been currently been reciting summons from debit collectors on credit cards and HOA for properties and credit card that were listed as my X-husbands responsibility on the divorce decree. My X-owes me back child support and I had a order of protection at time this debt was accrued.

Answer:

When a husband and wife divorce and debts are divided between them, that division is binding on the two of them, but is not binding on creditors.  Until one of the parties files a petition for dissolution of the marriage and serves it on the other, debts incurred by either of the spouses are considered community debts.  Under Arizona law, it works like this.  Debts incurred by either spouse before the marriage are that spouse's separate debts.  Debts incurred during the marriage by either spouse are generally community debts.  (ARS Section 25-215)  Once one party petitions to dissolve the marriage, extraordinary debts incurred by either the husband or wife may be deemed by the court to be separate, depending on the debt and the reason it was incurred.

Let's assume the family court assigns a credit card bill to husband, and the charges on the card were incurred during the marriage.  The credit card company can go after you for the debt if husband does not live up to his responsibility to pay.  You would then have to sue your ex to recoup your money. 

QUESTIONS

  • I was officially divorced 01/18/2019. I have been currently been reciting summons from debit collectors on credit cards and HOA for properties and credit card that were listed as my X-husbands responsibility on the divorce decree. My X-owes me back child support and I had a order of protection at time this debt was accrued.

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  • State Bar of Arizona
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