Iamsemisweet -> RE: Prenups (9/26/2011 12:30:31 PM)
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You are right, if the spouse signs on to the debt. A lot of people get credit cards in their own names, and whether the spouse is liable often becomes an issue. However, I have successfully argued in collection suits that the "noncharging" spouse should not be liable, even though they would be under a typical community property analysis. For cosigned debt you are right, the bank goes after both or whichever one they think will pay. Often, the spouse who ran up the debt files bankruptcy, leaving the other one in the lurch. Divorce decrees don't matter to them, because they weren't a party. A prenup can help for "separate" debt in those situations. quote:
ORIGINAL: windchymes quote:
ORIGINAL: Iamsemisweet Actually, responsibility for debt can also be another good reason for a prenup. A lot of younger people have huge student loans. If their marriage fails, is it fair that this be considered a community debt? I don't think so, but of course, this is just my opinion. I had a friend whose husband ran up 25K in credit card debt as a result of gambling. A prenup would have gone a long way in an argument that she was not liable for this debt under a community property analysis. But alas, she didn't have one. Oh well, she paid it off eventually. Technically, one party "taking" the debt is only a sort-of gentleman's agreement, because it's not enforceable. If you are the co-signer on a debt, you are still ultimately responsible for it if they reniege (sp?) on the agreement. The loan company does not care that the other party is responsible due to a divorce agreement. They want their money, and YOU signed for it, and though they're sympathetic (yeah right), they will come after you just as hard and it will affect your credit rating just as hard. Same with "quit-claim" deeds. Signing one of those only takes your name off of the deed, you cannot be taken off the loan unless the other party buys you out or refinances without you.
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