questions & answers

Question: My husband and I are being sued by a creditor for a disputed unpaid debt of $10,000 on his credit card. We have a prenuptial agreement and have kept our assets (house, bank accounts etc.) separate throughout our marriage of ten years. He is unemployed and has few assets, I have some savings. Will I be forced to repay his debt?

Answer:

This answer provides general information only. To find out how the laws apply to a specific situation, you may want to consult an attorney.

Arizona is a community property state. That means “the community” may be liable for debts incurred for the benefit of the community – which means the marriage. If a credit card paid for home expenses, groceries, electronics, etc. which were used somehow in the marriage, then the community may be liable. A premarital agreement is an agreement between spouses which may not affect outside creditors. Again, to find out how the law applies to your specific situation, you may want to consult an attorney.

In order to legally force a person to repay, the creditor will need to obtain a judgment and attempt to garnish wages. Debt Collectors must follow The Fair Debt Collection Practices Act. Among other things, a person can dispute the debt (in writing) with the agency and request verification of the debt. You may want to review the Fair Debt Collection Practices Act article on this website.