Am I liable for the debt on my credit cards even though my wife spent the money?

Question Details: My wife and I have just separated. Before we separated she spent around $25,000 on my credit cards. The money was spent on clothes for herself and also for our children. Am I liable for this debt?

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Answers by Lawyers

Community Law Wellington & Hutt Valley

Yes, you will be liable to the bank for the credit card debt. However, the debt can be considered in any relationship property division arrangements you and your wife make between you.

Your wife may be required to compensate you for half of the debt, and perhaps more than half if the bulk of the costs were unnecessary clothes for her. But relationship property arrangements do not affect your debt to the bank – they are only between you and your wife. For information about relationship property and debts, click on this link www.communitylaw.org.nz. Look particularly at the heading ‘Relationship Property and Separate Property’.

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