Are You Responsible for Your Spouse's Debt? Community Property, Joint Accounts and Necessities

Being married does not automatically make you liable for a spouse's debt. The answer depends on whose name is on the account, whether the debt came before or during the marriage, and whether you live in a community property state.

Usually not your debt

• A credit card or loan only in your spouse's name, which you did not sign for or use.
• Debt your spouse took on before the marriage in most states.
• Authorized user status. An authorized user generally does not owe the balance, though the account holder does.

Usually your debt

• A joint account or a loan you both signed.
• A card or loan you cosigned or guaranteed.
• Debt you ran up yourself on an account in your spouse's name, because you used it.
• In some states, necessities such as medical care, food or housing for the family, even if only your spouse signed.

Community property states

In community property states, such as California, Texas and Arizona, debts taken on during the marriage are often treated as owed by the marital community, so a creditor may reach community assets, including your paycheck, even if only your spouse signed. Debts from before the marriage generally stay with the person who owed them, though community earnings may still be at risk in some states. Rules differ, so check your state.

What creditors can and cannot do

• They can pursue the person on the account and, in some states, assets owned jointly or as community property.
• They generally cannot take your separate property or wages for a debt that is only your spouse's, in a state that does not treat it as shared.
• A divorce decree that assigns the debt to your spouse does not bind the creditor. If your name is on the account, the creditor can still pursue you.
• Collectors who say you must pay a spouse's separate debt may be breaking collection law, and you can ask for written validation.

Steps to protect yourself

1. Check your credit report for accounts you did not open and for joint accounts you forgot.
2. Ask a collector which person and which account the debt is on, and request written proof.
3. Keep separate accounts if you want clear lines, and avoid cosigning.
4. Do not pay a debt that is not yours only because a collector pressures you.
5. Before divorce, list all joint accounts and agree in writing who will pay, then refinance or close joint accounts.

When a spouse dies

Debts are usually paid from the estate, not from the surviving spouse's own money, unless the survivor signed or the state treats the debt as shared. See our guide to debts after death.

A hypothetical to see how it splits

Say a husband runs up $14,000 on a card in his own name during the marriage. In a state that does not treat the debt as shared, the card company can sue only him, and can reach his wages and his separate property. In a community property state, the creditor may also reach community assets, which can include the wife's earnings during the marriage. If the wife also signed or used the card, she is liable in either type of state.

What to say to a collector

Ask for the name on the account, the original creditor, the amount and the account opening date, in writing. State that you are not the account holder and that you dispute the debt if that is true. Do not agree to pay, and do not confirm personal details. Our guide to debt validation letters has the steps.

Frequently asked questions