Q: My husband ran up tons of credit card debt. I am not a co applicant on any of them. How can I get out of paying half
My husband opened credit cards on his own. I never signed anything. Why should I pay for half of something when I didn't use half of the cards? I researched this and it seems like to the creditors, I wouldn't owe them anything because I didn't open them with him. IF that is the case, why would NC act like I should be responsible for something I didn't do?
A: NC is an equitable distribution state. Equitable means 'fair'. So basically property and debt acquired during the marriage and prior to separation are divided and distributed fairly. Fairly does not mean evenly. So you could end up paying debt that isn't 'yours'. You are not responsible to the creditors for debt not in your name so it won't affect your credit per se but you are responsible to each other for any debt acquired during the marriage - marital debt. So basically while he is responsible for paying the debt to the card companies, it is theoretically possible (although highly unlikely based on the facts you presented) that a court could order you to pay him for half or even more of what you call his 'debt'. This typically would only happen in situations where you were at fault for the break down of the marriage and you benefited for the purchases made on the cards. If he ran up debt in his name only during the marriage and prior to separation and didn't consult you and you did not benefit from the purchases, it is likely the court would not hold you responsible for any of that debt.
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