Full question:
If my wife and I have been separated for 12 or more years, does she have any legal financial responsibility to my debt, such as medicaid and nursing home? I have signed a quitclaim deed 10 or more years ago. If the separation was legal, my wife won't be stuck with my health bills, right?
- Category: Divorce
- Subcategory: Legal Separation
- Date:
- State: North Dakota
Answer:
The nursing home is not obligated by your separation agreement, as they were not involved in it. They will only consider the terms of your insurance contract. If you are the responsible party on that contract, they will seek payment from you.
Generally, a spouse is not liable for the other spouse's debts if the debts are individual accounts, and the spouse is not an authorized user, surety, guarantor, or co-signer. However, in community property states, the non-debtor spouse's assets could still be at risk. For instance, creditors may pursue jointly held assets, like a joint bank account, in cases of bankruptcy, divorce, or litigation. If your spouse agrees to pay a joint credit card debt but fails to do so, the creditor may successfully sue you for that debt.
State laws vary regarding which spouse is responsible for certain debts, based on when the debt was incurred, who incurred it, or its purpose.
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.