Full question:
My wife has racked up quite the credit card bill on herself in Wyoming. She has depleted her financial resources over the years because of her lavish lifestyle. Will the credit card company sue for a lien on my property for her debts?
- Category: Marriage
- Subcategory: Marital Property
- Date:
- State: Wyoming
Answer:
In Wyoming, per the domestic relation laws, the properties of each spouse prior and subsequent to the marriage is treated as separate property. Moreover, the law also provides that any debt of the spouse cannot be recovered from the other’s property. Both spouses enjoy their properties as if they were single and shall be liable for their own debt. The only exception is when the debts have been incurred for expenses of the family and the education of the children in which case a lien may be created on the property of both husband and wife or they may be sued jointly. This aspect is enumerated in Wyo. Stat. § 20-1-201 which reads:“All property belonging to a married person as his separate property which he owns at the time of his marriage or which during marriage he acquires in good faith from any person by descent or otherwise, together with all rents, issues, increase and profits thereof, is during marriage his sole and separate property under his sole control and may be held, owned, possessed and enjoyed by him the same as though he were single. Such property is not subject to the disposal, control or interference of his spouse and is exempt from execution or attachment for the debts of his spouse if the property was not conveyed to him by his spouse in fraud of his creditors. The necessary expenses of the family and the education of the children are chargeable upon the property of both husband and wife, or either of them, for which they may be sued jointly or separately.”
Additionally, § 20-1-202 reads:
“(a) Any married person may transfer his separate property in the same manner and to the same extent as if he were unmarried and he may make contracts and incur obligations and liabilities, all of which may be enforced against him to the same extent and in the same manner as if he were unmarried.
(b) Any person may, while married, sue and be sued in all matters having relation to his property, person or reputation, in the same manner as if he were single.
(c) When a married person sues or is sued alone, proceedings shall be had and judgment rendered and enforced as if he were unmarried. His separate property and estate is liable for any judgment against him but he is entitled to the benefit of all exemptions for heads of families.
(d) When any person against whom liabilities exist marries and has or acquires lands, judgment on the liability may be rendered against her, to be levied on the lands only.
(e) A person is not liable for the debts and liabilities of his spouse contracted before marriage without an assumption thereof in writing.”
(b) Any person may, while married, sue and be sued in all matters having relation to his property, person or reputation, in the same manner as if he were single.
(c) When a married person sues or is sued alone, proceedings shall be had and judgment rendered and enforced as if he were unmarried. His separate property and estate is liable for any judgment against him but he is entitled to the benefit of all exemptions for heads of families.
(d) When any person against whom liabilities exist marries and has or acquires lands, judgment on the liability may be rendered against her, to be levied on the lands only.
(e) A person is not liable for the debts and liabilities of his spouse contracted before marriage without an assumption thereof in writing.”
In the given instance, the debt incurred by the wife is of her own and because of her lavish lifestyle. The husband’s property shall remain immune to any charge or recovery proceedings initiated by the credit card company per the provisions in § 20-1-201 and § 20-1-202.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
