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Author: Sergei Lemberg
Do I Have to Pay My Spouse’s Debt After a Divorce?
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Debts and divorce are both items that can come with a lot of stress. If you are dealing with both, that stress is only exacerbated. However, it is important to know your responsibility for debt incurred during your marriage.
Whether you are responsible for your spouse’s debt can depend on a few factors. Even if you are not responsible for your spouse’s debt, a collection agency may try to convince you it’s your responsibility. When this happens, you can rely on the protections provided by the Fair Debt Collection Practices Act (“FDCPA”).
In this article, you will learn about your responsibility for paying a spouse’s debt after you divorce your spouse. In addition, there is guidance on what to do if a collection agency tries to coerce a payment for a spouse’s debt when it is not your responsibility.
What Factors Determine Responsibility for a Spouse’s Debt?
There are a few different factors that may determine whether you are responsible for your spouse’s debt after a divorce. Here are the primary factors to consider to answer this question:
- What State finalized the divorce? Depending on the state you live in, they may operate under community property rules or common law. There are nine community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin). The remaining states operate under common law.
Community Property States – If you finalized your divorce in a community property state you are responsible for any debt incurred during the marriage. This includes all kinds of debts from credit cards to mortgages. It also does not matter whether you were aware of the debt or not.
Common Law States – Each person is solely responsible for their own debt. However, an exception may apply if your spouse incurred the debt for family necessities.
- What was in Your Divorce Settlement? In a divorce settlement, parties will agree to split up assets and debts in different ways. If your spouse incurred the debt, you are still responsible if you agreed to it as part of a divorce settlement.
- When was the debt incurred? If the spouse incurred the debt before or after the court dissolved your marriage, it is their responsibility.
- Were you a Co-signer? This is not necessarily a factor. However, sometimes people forget that they co-signed on a loan. Make sure you confirm that you were not a co-signer for this debt.
What Should I Do if a Collection Agency Calls?
If a collection agency calls you about your spouse’s debt, first determine if you have a responsibility to pay it. If so, you need to come up with a plan to pay the debt. Depending on the situation with your former spouse, you may be able to work together to get the debt paid off.
However, if the debt is not yours, then you have the right to take action to stop all contact from the collection agency. If they do not respond to your verbal request when they call, consider the following options:
- Issue a cease and desist letter. If you receive calls for a debt that is not yours, send the collection agency a cease-and-desist letter. A collection agency must follow this request or they violate the FDCPA.
- Send a Complaint to Certain Federal Agencies. You can send a general complaint about the debt collector to the Consumer Financial Protection Bureau (CFPB). For FDCPA violations, you can also submit a complaint to the Federal Trade Commission (FTC).
- Sue the Collection Agency. If the harassment or coercion continues, you may need to file a lawsuit. Not only will this end the illegal behavior, but a court may compensate you as well.
Since you are dealing with a debt that is not your responsibility, you will also want to dispute the debt. Make sure to dispute a debt formally in writing. Send the dispute by certified mail and provide any supporting documentation for your dispute.
Conclusion
It’s important to understand your rights and responsibilities when it comes to the debt of a spouse. If it is your responsibility, you should make a plan to pay the debt. This will both protect your credit score and help you avoid a lawsuit.
However, if the debt is not your responsibility, make that clear to the collection agency. If they continue to harass you about the debt, contact a consumer rights attorney. They can help you resolve any issues involving debt collectors violating your rights.
Additional Resources
About the author:
Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.
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