Can I be held liable for my spouse's debts?
Asked by: Berta Brown | Last update: October 12, 2025Score: 4.4/5 (66 votes)
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 wife be held responsible for husband's debt?
Since California is a community property state, the law applies that the community estate shared between both individuals is liable for a debt incurred by either spouse during the marriage.
Can a creditor come after me for my spouse's 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.
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.)
How can I not be responsible for my spouse's debt?
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.
Can I Be Held Liable for My Spouse's Debts?
How do I protect myself from my husband's debt?
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.
When you marry do you automatically become responsible for your spouse's debts?
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. If you take this step, you will accept ownership of the debt and be held accountable for its repayment.
Can you sue your spouse for not paying bills?
Are the credit cards in your name only or in both of your names? Generally, when a third party wants to sue for outstanding debt, if both parties are on a credit card or on a loan, either or both can be sued.
Does a wife have to pay dead husband's debt?
When a partner dies, a surviving spouse often asks, “Am I responsible for my spouse's debt?” In most cases, the answer is “No — you are not responsible for the debt of a deceased spouse.” However, there are exceptions, and your deceased spouse's estate likely is responsible for paying those debts.
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 my bank account be garnished for my husband's debt?
The relevant information to focus on here is that California is a community property state, which means that legally married couples jointly own everything – including debt. As a result, it is possible for a creditor to garnish a spouse's bank account if their spouse owes a debt.
Am I liable for my husband's 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 spouse's medical debt after death?
And in nine “community property” states, including California and Texas, spouses may be equally responsible for debts incurred during the marriage, including medical debt. Other states may have laws that hold spouses responsible for paying certain essential costs, like health care.
What debts are not forgiven upon death?
Medical debt and hospital bills don't simply go away after death. In most states, they take priority in the probate process, meaning they usually are paid first, by selling off assets if need be.
What happens if my husband died and my name is not on the mortgage?
If you inherit the house, you can assume the mortgage without triggering a due-on-sale clause, thanks to the Garn-St. Germain Act. If your name isn't on the mortgage, you may still have options, like refinancing or selling the home to pay off the balance.
How does my husband's debt affect me?
You are generally not responsible for your spouse's credit card debt unless you are a co-signer for the card or you're a joint cardholder on the account. However, state laws vary, and divorce or the death of your spouse could also impact your liability for this debt.
Why shouldn't you always tell your bank when someone dies?
If you contact the bank before consulting an attorney, you risk account freezes, which could severely delay auto-payments and direct deposits and most importantly mortgage payments. You should call Social Security right away to tell them about the death of your loved one.
Does a wife have to pay husbands debt?
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.
Do you inherit your spouse's debt when you get married?
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.
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.
Does my husband still have to pay the bills if he leaves?
Until you have a court order, any property or debt from your marriage still belongs to both of you. This is true no matter who is using it or who has it with them. The same is true of debts.
Am I liable if my wife owes money?
In community property states, as in common law states, you're on the hook for any debts in your name or that you cosign for. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin are community property states.
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.
Is a husband liable for his wife's debts?
Am I liable for my spouse's debt if we divorce? If you and your partner separate or divorce, both of you are liable for any joint debts. That doesn't mean you owe just half the money – the lender can ask you for the full amount if they can't get it from the other person.
Am I responsible for my husband's credit card debt if he dies?
In general, you're not responsible for repaying the debts of a deceased spouse. But there are some exceptions — for example, you must continue paying any joint debts. And you could be responsible if you're listed as the executor of your deceased loved one's estate.