Question from WA State...about credit cards

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When one spouse applies for, and signs up for credit cards, and the other spouse does not apply, or sign, for the cards, can he/she be held liable for the cards he did not sign for, or use?

Attorney Answers

3
Kevin Steinacker ·
The answer will depend heavily on the specific facts of your situation, but generally debt incurred by one spouse during marriage is presumed to be community debt and is the responsibility of both spouses. This presumption can be rebutted if you have sufficient evidence. The critical question is not who signed for the cards or who used them, but what they were used for. If the cards were used for community expenses (ie, food, housing, etc), then the debts will almost certainly be the responsibility of both spouses. If the purchases did not benefit the family, then there is a chance you could convince a court that the debt is the separate responsibility of only one spouse, but the spouse seeking to escape liability would have the burden of proof.
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Jill Elder ·
Washington is a community property state, so generally, any debt incurred by one spouse is also the debt of the other spouse. That being said, the creditors usually try to collect from only the person who signed up for the credit card, unless they are filing a lawsuit to collect a delinquent account. When a lawsuit is filed, creditors often name the person on the card, as well as "John Doe" or "Jane Doe" spouse. If they are successful in obtaining a judgment, the judgment will be good against the cardholder AND the spouse, and they do try to collect against the non-card holder spouse.
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David Fuller ·
Washington is a community property state. That means that any debts incurred during the marriage are presumed to be for the benefit of the marital community; and, therefore both spouses are liable. It does not matter if only one spouse signed up for the credit card. There are exceptions to that rule; however, they are very case specific. For example, if you were still married but the debt was incurred after an irretrievable breakdown of the relationship or if the debt was determined to be a dissipation of assets, then you could avoid liability. The problem is that these exceptions to community liability are hard to prove and usually require litigation. Depending on your financial and marital situation, you should consider talking to a bankruptcy lawyer or a family lawyer.
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