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Liability of previous Credit Card Debts before marriage or defacto relationship
Can anyone tell me if my partner would be liable for my previous credit card debts if:
* the card is solely under my name;
* the card was not used for any joint expense or purchase;
* the card does not have any supplementary card holders;
* my partner have not expressly or impliedly agreed to assum;e any responsibility in relation to the credit card debt
I have been told by one of my partner's parent, as part of discussions on the ramifications of being married or in a defacto relationship, that my partner is liable. However, I strongly disagree based on:
* the above facts;
* we are separate legal entities; and
* there are no joint and several liabilities in relation to the credit card terms and conditions.
Feel free to ask for any further information that you need to inform your response/opinion.
Would be interested in general views and also any opinions of legally qualified persons (but rest assured, I will not take it as paid legal advice or rely upon it to make any decisions so you are free to provide your learned opinion).
Tags: a, card, credit, de, debt, debts, effect, facto, family, insolvency, More…
Views: 91
Replies to This Discussion
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Permalink Reply by maree on -
Hi,
You might be interested in a website the government has set up. www.moneyhelp.gov.au which may answer your question. There is also a contact number where you can get further information if required. Defacto laws changed on the 1st March 2009, so this may effect you depending on how long you have been in your relationship. You can make a free appointment with a financial counsellor or even a solicitor for more information (through a community legal service) located throughout Victoria. Vistit www.communitylaw.org.au for your nearest location. or just google community legal services and your state should appear.
Hope this is helpful
M
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Permalink Reply by Vonny on -
From what I remember, you can't be liable for each other's debts in Oz whether married or defacto or whatever other relationship including inheritance BUT there's ways around it.
Generally you can't be liable for anyone's debts except your own (as long as your partner isn't a guarantor). The only problem is if you have assets in joint names, the people you owe can try to get a cut of the assets if the debt is defaulted. Also, if you separate, then all your assets are treated together so I'd assume liabilities would be as well.
You may need to double check all this as it's just off the top of my head from what I recall.
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