Can debt collectors take from your spouse?
Asked by: Leonardo Frami PhD | Last update: September 23, 2025Score: 4.1/5 (62 votes)
Can a Debt Collector Come After My Spouse for My Debts? Debt collectors typically can't pursue you for debts that are solely in your spouse's name if you live in a common law state. However, if you live in a community property state or your spouse was a co-signer or co-borrower on the debt, they could be held liable.
Can my debt affect my spouse?
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.
Can a debt collector go after my spouse?
If your spouse is assigned a joint debt or a debt in your name and does not pay, the creditor can still come back after you directly. Even if your divorce decree orders your ex-spouse to pay a debt, you may still be sued by a creditor if your name is on the debt.
Can my spouse be garnished for my debt?
In California, creditors can usually look to a non-debtor spouse's assets to collect on a judgment. This often includes the wages of the non-debtor spouse. Since wages are generally considered community property, the non-debtor spouse's earnings are typically subject to garnishment.
Can they come after me for my spouse's debt?
In almost every case, you will not be held responsible for debt your spouse has incurred before your marriage. The only exception to this rule is if you become a joint account holder after marriage.
Am I Responsible for My Spouse's Debt?
How do I protect myself from my husband's debt?
You can protect yourself from your spouse's debt by signing a prenuptial agreement before you get married and avoid taking out joint credit. It's especially important to protect equity in your home during a divorce to ensure you get your fair share, since this is likely the largest asset you have.
Can I be forced to pay my spouse's debt?
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.
In what states are you responsible for your spouse's debt?
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.)
What type of bank account cannot be garnished?
Bank accounts solely for government benefits
Federal law ensures that creditors cannot touch certain federal benefits, such as Social Security funds and veterans' benefits. If you're receiving these benefits, they would be exempt from garnishment.
Can a debt collector contact my spouse?
A debt collector can contact your spouse. A debt collector can contact your parents or guardian if you are under 18 years old or live with them. A debt collector can also contact your attorney and, if otherwise allowed by law, credit reporting companies (Equifax, Experian, and TransUnion) about your debt.
What is the 11 word phrase to stop debt collectors?
The phrase in question is: “Please cease and desist all calls and contact with me, immediately.” These 11 words, when used correctly, can provide significant protection against aggressive debt collection practices.
How long before a debt becomes uncollectible?
Most states or jurisdictions have statutes of limitations between three and six years for debts, but some may be longer. This may also vary depending, for instance, on the: Type of debt. State where you live.
How can I not be responsible for my husband's debt?
The best way to avoid becoming responsible for your spouse's credit card debt is by understanding your state's laws and doing what you can to protect yourself. That might include creating a prenup or postnup that details how you'll both handle debt or by working with a lawyer who specializes in debt collection issues.
Am I liable if my wife is in debt?
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.
Am I responsible for my husband's credit card debt if he dies?
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.
What happens if you marry someone with bad debt?
You are not responsible for your future spouse's bad credit or debt, unless you choose to take it on by getting a loan together to pay off the debt. However, your future spouse's credit problems can prevent you from getting credit as a couple after you're married.
Can debt collectors see your bank account balance?
Can debt collectors see your bank account balance or garnish your wages? Collection agencies can access your bank account, but only after a court judgment.
Will a collection agency sue for $3000?
While smaller debts are less likely to result in legal action, there are no guarantees. In many cases, though, debt collectors will prioritize larger debts, as they offer a higher return on the time and legal fees associated with a lawsuit.
What states don't allow garnishments?
State Garnishment Laws
If a state law is less restrictive, the federal law prevails. While all states allow wage garnishment for child support and unpaid state taxes, four states — North Carolina, Pennsylvania, South Carolina and Texas — don't allow wage garnishment for creditor debts.
Can I be held accountable for my husband's debts?
In general, spouses are not responsible for each other's debts. However, there are certain situations where a spouse may become liable for their partner's debt. This occurs when the spouse willingly agrees to be personally responsible for the debt, such as by co-signing a loan or jointly opening a credit account.
Can creditors take money from your spouse?
Property acquired during marriage is liable for the debts of either spouse. So, a creditor whose claim arose during the marriage can collect your spouse's unpaid credit card debt from both halves of the community property, including your wages.
What is financial infidelity in a marriage?
Financial infidelity in a marriage, which can complicate divorce proceedings, includes behaviors such as: Concealing debt from one's spouse. Secretly making large purchases or investments. Hiding assets or savings. Lying about one's income, earnings, or financial losses.
Can a collection agency go after my spouse?
Can a Debt Collector Come After My Spouse for My Debts? Debt collectors typically can't pursue you for debts that are solely in your spouse's name if you live in a common law state. However, if you live in a community property state or your spouse was a co-signer or co-borrower on the debt, they could be held liable.
Can a creditor garnish my spouse's bank account?
In California, Code of Civil Procedure § 700.160 allows a creditor to levy on bank accounts in the name of the debtor's spouse, whether alone or together with other third parties.
Am I liable for my husband's credit card debt?
Taking marital vows does not mean you take on your partner's debts. “If one spouse comes into the marriage with debt, that debt is theirs alone,” Derek Jacques, a family attorney in Detroit, said. In simple terms, if you didn't sign up for the credit card or loan agreement, you do not inherit your partner's debt.