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Personal Finances / Credit Cards and Consumer Debt
|Subject: Re: I have a collection!!!||Date: 10/4/2003 1:05 PM|
|Author: Aranknitter||Number: 171069 of 310986|
Only when the creditor obtains the writ and seizes assets does joint property come into play.) So contractually I don't believe I owe this; legally I don't believe I owe this.
Unfortunately, married couples do have a legal duty of care to each other when it comes to medical issues. Which means that if one spouse does not pay, the medical provider does have the right to go after the other spouse for payment.
I hang out on the lawyers.com board (Martindale's). They have a TX corner - you should go have a read sometime, it's an eye opener. Anyway, there's a post on the Divorce board at the moment, from someone who is not divorced and who is worried about cancellation of her health insurance by her husband before they divorce.... one of the lawyers on the board told her to tell her husband that if he did that, and she needed medical attention and ran up a $10K bill, he'd be on the hook if she couldn't pay. Might make him think twice about cancelling the insurance. Now, that is not exactly your situation I know. But the point was made that both spouses are jointly liable to pay the medical expenses of one of them, under the duty of care that spouses legally have for each other up until the marriage is dissolved. I think that point does apply to your case too.
I suppose if you think about it, a spouse will inherit from your estate even if you are separated when you die. A spouse will get your 401K benefits under the same circumstances, legally. A spouse can claim on your work record for SSA even after divorce!!
It would be better for you to bite the bullet and file for divorce, financially.
Or at the very least, ask a lawyer about your liability for MEDICAL bills run up by your spouse. They really are treated quite differently from credit card bills run up by your spouse, or loans defaulted on by your spouse...... which you would not have to pay of course.
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