Am I Responsible for My Spouse’s Debt? | LendingTree (2024)

FAQs

Am I Responsible for My Spouse’s Debt? | LendingTree? ›

Most of the time, you are not responsible for paying your spouse's credit card debt. This is true even if you are an authorized user on a credit card. The only instances where you may be obligated to pay is if you are a joint account holder or if you live in a community property state.

You are generally not responsible for someone else's debt. When someone dies with an unpaid debt, if the debt needs to be paid, it should be paid from any money or property they left behind according to state law. This is called their estate.

Most states use common law (also known as equitable distribution), which dictates that married couples don't automatically share personal property legally. In other words, you aren't responsible for your spouse's debt unless you took it out together as a joint account, or you cosigned on it.

There are ways to protect yourself from the debts of your spouse that are accrued during the marriage. The easiest way is to make sure your spouse signs a prenuptial agreement prior to marriage, but you should not try to do this on your own. Prenuptial (premarital) agreements are complex documents.

Fortunately, most states are not community property states so your spouse cannot be pursued for your debts. Currently, there are only nine community property states in the United States: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

Community Debts: Both Spouses Are Equally Liable

In addition, debts incurred by you or your spouse during your marriage, regardless of whose name is on it, are generally deemed to be community debts, and both spouses are considered equally liable.

If they've taken debt out in their name only, you won't be responsible for paying it back. If you take on joint debt with your spouse, however, then you may be liable if they're not able to keep up with their part of the repayment.

In California, when a couple marries, all assets they acquire following the union are deemed marital assets under their community property laws. Essentially, this means they are owned equally by both parties in the marriage. As such, any debt acquired by your spouse during your marriage essentially becomes yours.

In many marriages, both spouses have access to all bank accounts. If this is the case, both spouse's wages are subject to garnishment, even if the debt was incurred before marriage. In evaluating collection options, creditors should consider the assets and employment of both spouses.

For survivors of deceased loved ones, including spouses, you're not responsible for their debts unless you shared legal responsibility for repaying as a co-signer, a joint account holder, or if you fall within another exception.

Does your husband's debt become yours? ›

No, you don't. Any debts either spouse had before marriage remain their own responsibility, with one notable exception. If you cosign a loan for your significant other or open a joint account on a credit card before you officially tie the knot, you're both responsible for the debt after your marriage date.

In most cases, the answer is “no,” but there are some instances in which you could be on the hook for your spouse's debt. If you live in a community property state, for example, you may be obligated to repay any debt accumulated during the marriage.

Financial infidelity occurs when one partner hides or misrepresents financial information from the other, such as keeping secret bank accounts or hiding purchases. It does not necessarily involve marital infidelity, though it can lead to divorce.

California is a Community Property State

As a result, it is possible for a creditor to garnish a spouse's bank account if their spouse owes a debt. It is difficult enough to have any bank account garnished, but when it is for your spouse's debt, it can be even more difficult to accept.

If you live in a community property state, you probably will be responsible for debts accumulated by your spouse during the marriage. (These states are California, Texas, Arizona, New Mexico, Nevada, Washington, Idaho, Wisconsin, and Louisiana, while Alaska, South Dakota, and Tennessee make it optional.)

The duty of care that married spouses owe each other is expressed in California Family Code § 721(b) by incorporating the provisions of California Corporations Code § 16404(c), which states that “[a] partner's duty of care to the partnership and the other partners in the conduct and winding up of the partnership ...

The bottom line

You are generally not responsible for your spouse's credit card debt unless you are a co-signer for the card or it is a joint account. However, state laws vary and divorce or the death of your spouse could also impact your liability for this debt.

If there's no money in their estate, the debts will usually go unpaid. For survivors of deceased loved ones, including spouses, you're not responsible for their debts unless you shared legal responsibility for repaying as a co-signer, a joint account holder, or if you fall within another exception.

Suing a spouse for financial infidelity specifically is not a straightforward legal action under most family law frameworks. However, during divorce proceedings, a spouse can pursue legal remedies if financial infidelity has led to the dissipation or concealment of marital assets.