travelgrl Posted September 23, 2003 Report Share Posted September 23, 2003 I live in SC a community property state. What is the law regarding my DH creditors calling and speaking with me if I am nowhere listed on the account? Recently they are now asking to speak with his spouse about his account and asking me to make a payment.Thanks Link to comment Share on other sites More sharing options...
LadynRed Posted September 24, 2003 Report Share Posted September 24, 2003 Whoa.. back up !! SC is NOT, repeat NOT a community property state ! I know, I used to live there YOU don't have to make any payments on HIS debts, tell 'em to go jump in the lake. YOU are NOT responsible for his debts NOR his payments. Being married doesn't mean you take on your spouse's debts, not even in community property states (under certain circumstances).As for speaking with you about his debts, as his spouse, that IS allowed per the FTC. Link to comment Share on other sites More sharing options...
travelgrl Posted September 24, 2003 Author Report Share Posted September 24, 2003 Actually according to my father in law who is a sheriffs deputy it is a community property state.I know that I am not responsible for his debt, I was just wondering if they were violating anything by talking to me about it in the first place. I guess not- THANKS! Link to comment Share on other sites More sharing options...
LadynRed Posted September 24, 2003 Report Share Posted September 24, 2003 I'm sorry, I must disagree with your father-in-law, unless he can produce some revised SC statute, SC is NOT a community property state !! I have reviewed the available statutes (updated as of 2002), NOWHERE does it mention community property in marriage. In fact, the section of the statutes that deals with 'marital property' specifically states that both retain separate property and that neither is responsible for the other's debts !!http://www.lpitr.state.sc.us/code/t20c005.htmYour FIL may be confused, as many are, between 'community property' and 'common law'. SC recognizes common law marriage, that is NOT the same as community property. In a true community property state, like TX, AZ, CO, CA and LA (and a few others, there are only 11), you WOULD likely be responsible for your DH's debts if they were incurred during the marriage and if you derived any benefit from the what was purchased resulting in that debt. As I said, I used to live in SC, only moved away 2-1/2 years ago, and I know SC is NOT a communityproperty state. Believe me, I had a very serious conversation with a well-known Greenville lawyer about marriage, common law marriage, and property. Link to comment Share on other sites More sharing options...
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