My soon to be ex-husband maxed out new credit cards in my name. How can I ensure he gets the debt in the divorce?

<h1>My soon to be ex-husband maxed out new credit cards in my name. How can I ensure he gets the debt in the divorce?</h1>
<p>Money is often one of the most contentious issues in relationships, and financial issues are often cited as one of the leading causes for divorce.</p>
<p>When you are considering marriage, factoring in how you both approach money is important, since incompatibility around finances can stress a relationship to the point of fracture.</p>
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<p>Another thing you might consider is what the laws are when it comes to marriage and debts. You might be shocked to learn that in some states, any debt your spouse racks up while you are married is also considered your debt.</p>
<p>But what if your partner racks up debt behind your back? Or after you’re separated?</p>
<p>Imagine Lisa, for example, who separated from her husband Brad four months ago. They rented their shared home, and mostly kept their finances separate, except for a joint credit card that they used for household purchases. Lisa’s savings and other accounts are separate, and she has about $20,000 saved.</p>
<p>When Brad moved out of their shared home, Lisa called the credit card company and cancelled the joint credit card. But when she recently got her credit report, she discovered three credit cards in her name that she didn’t apply for. The cards were maxed out, with a total debt of $45,000. Lisa called the credit card companies and found that one of the bills had been sent to collections.</p>
<p>This scenario is many people’s worst nightmare, which is why it’s important to have a grasp on the laws related to joint finances and property before you get married.</p>
<h2>A closer look at property laws</h2>
<p>In common law states, which covers 41 states, property owned before the marriage is considered separate, and any property acquired during a marriage is not automatically considered to be owned by both parties (1).</p>
<p>In states with community property laws, property and debts acquired during the marriage are owned equally, however, property owned before the marriage, as well as debt, are not considered to be owned by both parties (2).</p>
<p>So, if your spouse racks up debt in a community property law state, you could be liable for it. In a common law state, you could be liable for a spouse’s debt if you co-sign a loan, it’s a joint account or if the debt incurred was for joint property or essential goods for your family (3).</p>