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 Post subject: Re: Legal question
PostPosted: Thu Dec 28, 2017 11:09 pm 
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Sis wrote:
Anna1111 wrote:
The article I linked has a very nice discussion of the ins and outs (including listing all the states where this type of law applies). Check it out : )


Doesn't cover my main question. Why, since i would be responsible for his debt, am i not allowed to know what that debt is until he dies?! :evil:


And, not to be annoying or anything - your question is GREAT - but not the one you asked at the top of the thread. :geek:

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 Post subject: Re: Legal question
PostPosted: Fri Dec 29, 2017 8:45 pm 
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See.. Legally you may not be responsible for his debt. If you co-signed you would be, but hopefully youd know what amount it was for... Before signing.

If its a joint account like a credit card, you would have access to the info charged/owed.


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 Post subject: Re: Legal question
PostPosted: Fri Dec 29, 2017 9:26 pm 
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Tory wrote:
See.. Legally you may not be responsible for his debt. If you co-signed you would be, but hopefully youd know what amount it was for... Before signing.

If its a joint account like a credit card, you would have access to the info charged/owed.



Not a joint account. It looks like i would be responsible. Tory, why do you say maybe not?


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 Post subject: Re: Legal question
PostPosted: Fri Dec 29, 2017 9:29 pm 
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Anna1111 wrote:
And THAT is a great question - but more a philosophical than legal one. On that one, I'd contact my state legislature & ask them to write a law that gives you access to that info - because you're absolutely right!


Don't mess with me! I'm tired and ... and tired! :P I'm not following you. Philosophical and not legal? Not the one i asked at the top of the thread? I'm sore cornfused.


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 Post subject: Re: Legal question
PostPosted: Fri Dec 29, 2017 11:35 pm 
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*Why* you have to pay it when the law didn't give you access to knowing about it is not a legal question - *Whether* you have to pay it is.

At the beginning of the thread, you asked *whether* (and the article seemed to answer *that* question quite nicely) :ugeek:

The fact is, a law that forbids a wife to KNOW about a bill that she is required to pay is an 1mm0ral law.

Sorry you're feeling tired - hope you feel better soon! :)

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 Post subject: Re: Legal question
PostPosted: Sat Dec 30, 2017 8:06 pm 
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Sis wrote:
Tory wrote:
See.. Legally you may not be responsible for his debt. If you co-signed you would be, but hopefully youd know what amount it was for... Before signing.

If its a joint account like a credit card, you would have access to the info charged/owed.



Not a joint account. It looks like i would be responsible. Tory, why do you say maybe not?


I've had time to read more on the laws in your state. Bad news is yes, spouses are legally responsible to repay each other's debts.. The only exception I can see is debts that were taken on before the marriage. Soo... Yes, you would have to pay even if you had no idea of the debt!
My advice is talk to your dh. Get a clear picture of what debts you each have and how he plans for you to repay what he may leave behind. Its better to know now than to be blind sided later. This goes both ways, of course.


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 Post subject: Re: Legal question
PostPosted: Sun Dec 31, 2017 12:45 am 
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Tory wrote:
Sis wrote:
Tory wrote:
See.. Legally you may not be responsible for his debt. If you co-signed you would be, but hopefully youd know what amount it was for... Before signing.

If its a joint account like a credit card, you would have access to the info charged/owed.



Not a joint account. It looks like i would be responsible. Tory, why do you say maybe not?


I've had time to read more on the laws in your state. Bad news is yes, spouses are legally responsible to repay each other's debts.. The only exception I can see is debts that were taken on before the marriage. Soo... Yes, you would have to pay even if you had no idea of the debt!
My advice is talk to your dh. Get a clear picture of what debts you each have and how he plans for you to repay what he may leave behind. Its better to know now than to be blind sided later. This goes both ways, of course.


Yeah. Doesn't that stink? I mean, if dh has more debt than you know about you could be in BIG trouble! :evil:


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 Post subject: Re: Legal question
PostPosted: Mon Jan 01, 2018 2:45 am 
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Yes, one thing I read said if he (or she) runs up a $50 thousand gambling debt, the spouse is responsible to repay even if they didn't know about it. Stupid law but this is why communication is so important. (and a good life insurance policy couldn't hurt..)


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 Post subject: Re: Legal question
PostPosted: Mon Jan 01, 2018 12:05 pm 
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Well, the Bible says "The two shall become one . . . " and these laws are based upon that premise. It really IS impossible to say "well, hunting was his hobby, so the gun was his debt" if she, too eats venison. Or "cooking was her hobby, so the kitchen aid mixer was her debt" if he, too, eats cookies.

No legal system can perfectly divide marital money - because it is not meant - by God - to be divided. And, when a marriage ruptures, you've got a mess.

When one spouse acts dishonorably (say, by running up a secret 50k gambling debt) yes, that's going to hurt his or her family. There's no way of saying "my left side is sick, but my right side is quite healthy!"

The immoral law here is the one that says a spouse cannot know what the debts ARE - that is the law that defies Biblical precepts.

I DO think that - like the recent (within the last decade or so) IRS change - there should be a protection for an "innocent spouse" if one spouse commits tax fraud, or runs an illegal operation without knowledge of the other spouse. Because, that's not what God intended, either!

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 Post subject: Re: Legal question
PostPosted: Mon Jan 01, 2018 12:41 pm 
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I DO think that - like the recent (within the last decade or so) IRS change - there should be a protection for an "innocent spouse" if one spouse commits tax fraud, or runs an illegal operation without knowledge of the other spouse. Because, that's not what God intended, either!

Definitely! It also doesn't seem right that people don't even know this is how the law works. *I* didn't know i could/would be help liable for his debt that i refused to sign up for. I guess now that i do i'd better get my name on it/them so i can badger.... er, i mean, discuss it with him.

;)


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