Divorce & Marriage Issues
Separation of debts - what type of paperwork is needed?
An agreement between yourself and your husband to separate debts is not binding on creditors unless the creditors also agree to it. If you are going through a divorce your debts will be dealt with in your Marital Settlement Agreement and or judgment. This is not binding on creditors. Creditors can look for payment to either debtor on a joint debt. If the debt is in the name of only one spouse, state law will govern whether the creditor can sue the other spouse for payment.
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