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HeyBub[_3_] HeyBub[_3_] is offline
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h wrote:

I had a situation years ago with my ex-husband's finances. After the
divorce I began to receive phone calls and letters demanding payment
on his accounts that (we had kept all finances separate). I simply
said, "Do you have a piece of paper with my signature indicating that
I am responsible for this debt? No? Then never contact me again."
Click. I never had anyone contact me more than once. If you didn't
sign anything, how can it be a "contract"?


A "contract" is a meeting of the minds regarding an exchange of goods or
services for something of value. Only in a few specific instances must the
contract be written. There are typically six categories of contracts that
need to be in writing:

* Contracts involving marriage (including pre-nuptial agreements)
* Contracts that convey ownership of real property (land)
* Contracts that take more than one year to complete.
* Contracts for the sale of goods (not services) above a statutory amount
(usually quite high).
* Contracts by the executor of an estate where debts are paid from the
executor's accounts.
* Contracts where one party acts as guarantor for a third persons debt.

These rules were first formulated in 1677 and was called the "Statute of
Frauds and Perjuries" and the list is still known by the name "Statute of
Frauds." I was taught to remember the list by use of the mnemonic MYLEGS
(Marriage, Year, Land, Executor, Goods, Surety).

Therefore, a vanishingly small number of contracts NEED to be in writing. A
perceptible number of contracts actually ARE written down. 99% of
contracts - exchanges of goods and services we undertake every day - are not
written.

In your case, if you lived in a community property state, you are not
required to sign any contract for it to be valid. In those states, marriage
is presumed to be a partnership and any obligation entered into by one
spouse is equally binding on the other.