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spouse cc debt in community property state


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I can't figure this out.

Let say your spouse has credit card debt.

Can they sue the other one if she/he has asset ?

I heard it from somewhere even in community property state , other party will be liable only when death occurs ?

THank you

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Community property means that BOTH spouses equally share in the assets AND the liabilities incurred during the marriage.

In other words, it doesn't matter who's name is on the account, BOTH spouses are liable for any debts you rack up while you're married. If one spouse dies, that liability remains and falls entirely on the surviving person.

Can they sue the other one if she/he has asset ?

In a community property state, ALL marital assets are shared, so it doesn't really matter who bought anything unless it was a pre-marital asset. However, if the asset is a house and you BOTH live there after the marriage, the house then becomes community property as you both derived benefit from that asset.

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I moved from a non-community property state to a community property state - we don't share any credit cards just one car loan. How do creditors know if you are married? I hyphenated my last name.CC are mostly prior to marriage 2 obtained after marriage in Texas but my income and name,ss# never given to creditors.

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How do creditors know if you are married?

There are tons of databases out there that contain a myriad of personal information on us all. Its not all that hard for them to find out.

we don't share any credit cards just one car loan.

It may not matter. If both or either of you use those cards DURING the marriage, you each can be held liable for the other's debts on those accounts - or at least the post-marital portion of it.

2 obtained after marriage in Texas but my income and name,ss# never given to creditors.

Again, it doesn't matter, you are both equally liable for debts incurred during the marriage.

This is exactly why I will NEVER live in a CP state if I ever get married again - it can wind up a nasty business.

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Ok what if we have a prenup that was drawn up in NY. We were married in NY moved to TX. Our prenup reads anything prior to the marriage is seperate, ie- he is solely responsible for child support,and his debts and I'm responsible for my debts. Is our prenup totally void at this point? I would hate to have to pay child support for his child if he were to drop dead (he's 20 years my senior)- I of course can't imagine this happening unless he were in an accident or something. He doesn't have much life insurance due to a health issue- we had a tough time finding any coverage for him.Any ideas? If I go first I have plenty of insurance so I'm not worried about him but I'm not sure I could absorb his debt also at least not for another 2 years.

We plan on buying a home but I am making sure that the payments are not more then my salary alone would support so I think I'm ok there. Leaving Texas is not an option.

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I would hate to have to pay child support for his child if he were to drop dead

Child support is a whole other issue and you would NOT be liable for it even if he did pass away.

Not sure about the pre-nup. You'd really have to consult with a TX lawyer to see if a NY pre-nup would hold up in a TX court.

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