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My husband got into a serious car accident about 2 months ago. The only insurance he had was through his car insurance and his bills well exceed the amount they will cover.

I know him and I know that the remaining amounts will be sent to collections at one time or another. Can I be tied to those accounts at all since I am still married to him? The divorce won't be final for atleast another 6 months or so. During the accident my name was never brought up or put on anything. But I know how collection agencies can be when they want their money. Just trying to brace myself if this ever comes back to bite me in the butt.

Posted: Sun Feb 11, 2007 6:26 am Subject:

The Fair Debt Collection Practices Act refers to people who owe money as "consumers", and the definition of the act explicitly states that a "consumer" includes (among others) the spouse of someone who owes a debt. So yes, your husband's problems may affect you. As to what the legal repercussions are if (for example) his stuff goes into collections, then you get divorced three months after that, I'm not sure. You may need to talk to a lawyer.

Posted: Sun Feb 11, 2007 6:56 am Subject:

Ok let me clarify some points on this. If they do not have any verbal or written agreement with your name on it,it would be real difficult to say it is yours.

Now the bad news,if you live in a community property they may try to come after you. If you were not living with him or sharing his expenses I would say there is a good arguement for it not being yours. You may want to look around site for texaslawyer.He is a attorney that gives good advice ans he would be better versed in this.

Posted: Sun Feb 11, 2007 9:00 am Subject:

I believe that florida is a community property state. I would have to look into it and clarify that. But yes you are right, we were not living together nor sharing expenses at that time. If it comes down to it that is going to be my fight.

Posted: Sun Feb 11, 2007 9:06 am Subject:

I don't think you will be if you are legally separated. I went through my ex getting into debt after we were legally separated and I'm not mentioned or responsible for his debt after our legal separation. Where I am from is a community property state as well.

Posted: Sun Feb 11, 2007 9:12 am Subject:

The only problem with that is we aren't "legally seperated". He just moved out, well I kicked him out. Nothing was ever done through the courts as far as our seperation.

Posted: Sun Feb 11, 2007 9:24 am Subject:

I believe if you can show seperate households and you don't do something totally insane like acknowledge the debt,you should be ok.

Posted: Sun Feb 11, 2007 9:25 am Subject:

If you can establish his move out date prior to his accident, I think you should be ok. Check with your attorney though.

Posted: Sun Feb 11, 2007 9:32 am Subject:

Oh I can establish the move out date. The one thing that I did think about is he changed his miling address after he moved out so I think that will prove that he wasn't living here.

Thank you everyone for you help.

Posted: Sun Feb 11, 2007 8:44 pm Subject:

This is a question you must ask your divorce lawyer. If he/she does not have a clear or complete answer, ask him/her to consult with a lawyer who practices in the area of FDCPA/creditor&debtor law, or ask if your lawyer minds you consulting one on your own.

Texas is a community property state. But it is the Family Code that specifies each spouse is responsible for the "necessaries" of the other. That being food, clothing, medical care, etc. Now this can always be argued one way or the other given individual circumstances of each case and your state law. So there is not a clear answer.

I also have experience in personal injury law and dealing with first party insurance claims such as your husband's case. When you know there will not be enough money to cover all the medical bills, often every medical provider will accept a request for reduction of medical bills. As the attorney we tell them the truth; there is not enough money to pay everyone, so we want everyone to reduce their bill so everyone can get paid something. Most, if not all, medical providers will be happy to give a reduction on their bill. Occasionally a short-sighted office manager refuses, but if you ask for the next level of management or send a letter explaining the situation they will usually come around as well. Get the reduction in writing by sending them a request that asks for the reduction and final amount due. Request that they sign it and fax/mail it back to you for your records. Good luck.

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Probably not the right place to ask but medical bills

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