Does your spouse's debt become yours when you marry?

Asked by: Mr. Saul Auer IV  |  Last update: January 24, 2026
Score: 4.3/5 (28 votes)

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.

Does my husband take my debt if I get married?

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.

Are married couples responsible for each other's debt?

If debt is incurred in the course of the marriage, it could be considered a community debt for the benefit of the marriage for which you would be held liable too. However, if you are separated from your spouse and they then proceed to rack up debt, you wouldn't necessarily be held responsible for such 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.

Are debts shared in marriage in the UK?

Debts and overdrafts relating to a joint bank account will be the responsibility of both or either partner, irrespective of who incurred them. If each partner in a married couple has a separate bank account and one dies, the bank may allow the other partner to withdraw the balance providing the amount is small.

Is Debt Shared If You Get Married? (Explained)

41 related questions found

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.

How long can you legally be chased for a debt in the UK?

Taking action means they send you court papers telling you they're going to take you to court. The time limit is sometimes called the limitation period. For most debts, the time limit is 6 years since you last wrote to them or made a payment.

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.

How do you keep your debt separate in a marriage?

One potential way to reduce risk is to get a prenuptial agreement before marriage, or a postnuptial agreement after marriage. This overrides most community property laws and generally allows you to treat your income, assets and debt as separately owned.

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.

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.

What happens if you marry someone with a lot of 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 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.

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.

Should a wife support her husband financially?

The wife should contribute, but she should not be forced by her husband. If she says she cannot do it, then the husband should let it go and manage to pay what he can. But fundamentally, it is always advisable to marry a woman who is financially buoyant enough for you two to plan about he future of your family.

Is a wife legally responsible for her husband's debts?

Debts either spouse incurred during marriage

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.

How can I protect myself financially in my marriage?

During your marriage: ways to protect your assets
  1. Maintain separate bank accounts. ...
  2. Establish a revocable trust. ...
  3. Separate gifts and inheritance. ...
  4. Keep records. ...
  5. Understand the value of your assets. ...
  6. Ensure business assets are protected.

Do I take on my husbands debt when I get married?

Any debt you have before marriage remains separate, unless you add your partner as a cosigner. And debts incurred after you're married that you hold jointly can affect both spouses' credit scores. Common examples of these are mortgages and auto loans.

Does your debt go away 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 a husband dies does the wife have to pay his debts?

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.

Can you get married and keep finances separate?

Key takeaways. Keeping separate bank accounts after marriage could help you stay engaged with your money. Paying for shared expenses could mean using bill-splitting apps and extra planning for emergencies, but it's worth it for some couples.

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.

Is it true that after 7 years your credit is clear?

Most negative items should automatically fall off your credit reports seven years from the date of your first missed payment, at which point your credit score may start rising. But if you are otherwise using credit responsibly, your score may rebound to its starting point within three months to six years.

Can you be jailed for debt UK?

The court will only order a prison sentence for debt as a last resort, once all other attempts at securing repayment have failed. Most common household debts will not result in a prison sentence. Examples of debts that you cannot be sent to prison for include: Credit cards.