Does my spouses debt become mine when I get married?
Asked by: Shanie Sporer | Last update: September 7, 2025Score: 4.7/5 (8 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.
Is debt inherited in marriage?
In the US, you can't inherit debt. Unless she was a cosigner for her father's debt or otherwise agreed to pay his debt, she doesn't owe anyone for it.
Can you get married without taking on your spouse's debt?
Getting married doesn't automatically make you responsible for your spouse's debt. In most cases, any debt your spouse had before your marriage remains their own. This includes things like student loan debt, credit card debt, or personal loans they took out before saying “I do.”
Does your spouse's credit affect yours when you get married?
To put it simply, no--credit does not combine with your spouse's when you get married. You will always have your individual credit score. However, as a married couple, you may have some joint accounts. This could affect your credit score — let's get into more detail below.
Are married people responsible for each other'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.
Do you marry your spouse's debt too?
When I get married, will my husband's debt become mine?
However, one thing you might not look forward to sharing upon marriage is each other's debts. Any assets or debts you enter a marriage with are considered your own separate property forever, unless you commingle them with shared funds or add your spouse to the account.
How can I protect myself from my spouse's debt?
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. You do not want to foolishly download some form you find on the web.
What happens if I marry someone with bad credit?
Marrying someone with bad credit won't drag your score down. However, if you open joint accounts or apply for credit together, the financial institution will consider both of your separate credit reports to set the terms of your joint account. In this case, your spouse's poor score might offset your better one.
What happens to loans when you get married?
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.)
When you marry someone with tax debt does it become mine?
What happens if I marry someone who owes taxes? If your spouse had tax debt before you got married, only they are responsible for that debt and you are not liable. However, if you file a joint return and receive a refund, it may be intercepted to pay off part of the debt.
Does a wife have to pay husbands debt?
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. Community law is when you and your spouse share both assets and debts.
Is it better to be married or single financially?
A couple's combined income may well place them in a lower tax bracket than the higher-income spouse would pay as an individual. If each spouse has a different employer, each can choose the better of two health insurance plans. Car insurance and home insurance coverage is cheaper for two than for one.
What are the risks of getting married?
Marriage could expose you to each other's creditors, insurance risks (health care, home, and auto), higher income tax rates, and long-term care costs. Marriage could make you financially responsible for your spouse's dependent children.
What happens if I marry someone who has 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. If you take this step, you will accept ownership of the debt and be held accountable for its repayment.
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.
Am I responsible for my husband's debt if I am legally separated?
The good news is that according to California law, spouses are generally not responsible for any debts incurred by the other spouse after the date of separation.
Does debt transfer to spouse when married?
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.
When you get married, can your spouse see your debt?
Any debt you have before marriage remains separate, unless you add your partner as a cosigner.
Are married couples responsible for each others' debts?
You are liable for any debts which are in your own name only, but not for any debts which are just in your partner's name. You may be responsible for the whole of debts in joint names and for other debts for which you have 'joint and several' legal responsibility.
Does my wife's credit affect mine?
Credit scores are calculated on a specific individual's credit history. If your spouse has a bad credit score, it will not affect your credit score. However, when you apply for loans together, like mortgages, lenders will look at both your scores. If one of you has a poor credit score, it counts against you both.
Should you marry someone with financial problems?
“Debt can put a big strain on a marriage,” Dearing says. “Legally, you're not liable for debt your spouse had before you got married. But once you're married, you will likely be involved in paying off your spouse's debts. That's why it's important to be open with about how much you owe before you get married.
How do I separate my credit from my husband?
- Joint Credit Cards. To the extent you can, pay off and close joint credit card accounts. ...
- Authorized Card Users. If you are an authorized user on your ex-spouse's credit card account, call the card company and ask to have your name removed. ...
- Mortgage. ...
- Cosigned Loans and Credit.
Am I legally responsible for my wife's debt?
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.
Is a husband financially responsible for his wife?
Husbands and their partners may play different roles in their marriages, including financial support. The financial role of a husband in a marriage varies. It depends on the couple's values, expectations, and circumstances. It also comes down to the evolving work world.
Can debt ruin a marriage?
In a study of more than 4500 married couples, researchers saw that couples who took on more debt over time became more likely to split up. Couples with higher debt also fought more about money and reported lower marital satisfaction.