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Liability on Bounced Check

In 2000, my now ex-husband wrote a check on our joint account that bounced. I thought that he straightened out the situation. He was recently arrested for the bad check. Am I responsible for half of the debt since we were married at the time?

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You may need to check with an attorney to make sure you're OK on this, but this problem is only between your ex-husband and whoever has filed the rubber check case. If the check had been paid by the bank, its deposit contract would probably have made you just as liable to repay the overdraft as your then husband would have been, but understanding of the bad check laws in most states is that the individual who issues a rubber check is the individual charged with the felony or misdemeanor. That's generally the case unless both individuals had an obligation (like rent or a mortgage payment) that was paid with the bad check.

Published on BankingQuestions.com 6/27/07