Am I forced to pay the debts after separation ?

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I separated with my ex and we signed an agreement that states that neither would incurr debts in the others name. He failed to take my name off his bills and now creditors are calling me to pay the debts. What are my options? Am I forced to pay the debts or is there some legal action I can take?

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Andrew J. Kania, LL.B., LL.M.

10 years ago

Answer: We can absolutely help you – however as you indicate that you signed an agreement I need to read it. As a general comment, after the date of separation parties are responsible for their own debts.

I do need to know if the incurred debts are with third parties that you also have a contract with, such as a joint VISA card. If so, we need to end those contracts immediately, to avoid future problems.

We will have to analyze each debt individually. You will be in the situation where: 1. You must contribute to the debt and then pursue your husband for repayment or 2. You can deny the debt as you have no obligation to pay it.
As you can appreciate, again, I need to read the signed agreement and then gain from you more information on the described debts. Either way – I can help you. Feel free to call me for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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