Can My Spouse Be Pursued for My Debts? What You Need to Know

You’re not automatically responsible for your spouse’s debt. Your liability depends on where you live and how the debt was created.

In most states, only the person who incurred the debt owes it. But nine community property states have different rules that could affect both spouses.

Am I Responsible for My Spouse’s Debt?

Your responsibility for your spouse’s debts depends on your state’s laws. The United States has two property systems: community property and common law.

In community property states, your spouse may be liable for debts even if only your name appears on the account. Creditors can pursue both spouses for repayment in these situations.

The nine community property states are:

• Arizona
• California
• Idaho
• Louisiana
• Nevada
• New Mexico
• Texas
• Washington
• Wisconsin

In these states, most debts incurred during marriage become community debts. Both spouses could be liable for repayment regardless of who signed originally.

Debts incurred before marriage usually remain separate. They won’t affect the other spouse as a general rule.

Common law states follow different rules. Only the person who incurred the debt typically owes it. Your spouse isn’t liable unless they co-signed or share a joint account.

Even in common law states, certain joint household debts get special treatment. Medical expenses in some states may be treated differently.

What Is a Community Property State?

A community property state treats most property and debts acquired during marriage as jointly owned. The law doesn’t care who earned the income or whose name appears on the account.

Everything gained or owed during marriage becomes community property or debt. Both spouses share equal responsibility for these obligations.

Property or debts brought into the marriage typically remain separate. Only marital property and debts are shared between spouses.

What Is a Common Law State?

A common law state bases ownership on whose name appears on titles or accounts. Property and debts aren’t automatically shared between spouses.

Anything you earn or acquire in your name during marriage is separate property. It belongs solely to you, not both spouses.

The same applies to debts. If only one spouse signs for a debt, only that spouse owes it.

Most U.S. states follow common law rules. Each person typically keeps their own property and debts during separation or divorce.

Do You Take on Your Spouse’s Debt When You Get Married?

Getting married doesn’t automatically make you responsible for your spouse’s existing debt. Any debt your spouse had before marriage remains their own responsibility.

Pre-marital debts include student loans, credit cards, and personal loans. You won’t owe these debts simply because you got married.

One exception exists: co-signing or co-borrowing on a loan before marriage. Joint account holders also share responsibility regardless of marital status.

Co-signing a loan means you agree to equal responsibility for repayment. If your spouse can’t pay, you must cover the debt.

Co-borrowing works similarly. You’re both equally responsible for repaying mortgages, joint credit cards, or auto loans taken together.

What Happens If I Don’t Pay My Debts?

Unpaid debts start with minor consequences that escalate over time. Understanding the progression helps you take action early.

Your creditor will call you or send written notices first. These reminders encourage you to make a payment and bring your account current.

You’ll face a late fee after missing a payment. The fee adds to your account balance while interest continues accumulating.

Once your payment is 30 days late, most creditors report it to credit bureaus. Your credit score can drop significantly, making future borrowing harder.

After several months without payment, your creditor may transfer your debt to a collection agency. Collection agencies use more aggressive tactics than original creditors.

They make frequent phone calls and send mail notices. Some even contact you through social media platforms.

When Are You at Risk of Being Sued?

If collection efforts fail, the next step is often a lawsuit. You’ll receive a summons and complaint notifying you of legal action.

Ignoring the lawsuit leads to a default judgment against you. The debt collector wins automatically if you don’t respond.

After winning, the debt collector can get court orders for wage garnishment or bank levies. They can also place liens on your property.

Federal benefits like Social Security, SSI, disability, and VA benefits are protected. Creditors can’t garnish these income sources in most situations.

You can respond to a lawsuit without hiring a lawyer. Our partner Solo can help you draft a reply for a small fee and potentially settle your debt for less.

Can a Creditor Take Legal Action Against My Spouse for My Debt?

Whether creditors can pursue your spouse depends on your location and how you incurred the debt.

In community property states, most debts taken during marriage are shared. Creditors might pursue jointly owned property like bank accounts or real estate.

Pre-marital debts usually remain separate. Your spouse wouldn’t be responsible for debts you brought into the marriage.

In common law states, creditors typically can’t pursue your spouse for debts in only your name. The exception is if your spouse co-signed or co-borrowed the debt.

Can Bankruptcy Protect My Spouse From My Debt?

Bankruptcy can be a powerful tool for managing debt. It might even protect your spouse from financial consequences of your debts.

Whether bankruptcy shields your spouse depends on your state’s property laws. It also depends on whether your spouse shares responsibility for the debt.

When you file bankruptcy, an automatic stay takes effect immediately. The stay stops creditors from taking any collection actions against you.

In community property states, the automatic stay may extend to shared property. However, your spouse’s individual assets might still be at risk if you don’t file jointly.

In common law states, your bankruptcy generally won’t impact your spouse’s separate assets. The exception is if they co-signed or co-borrowed your debts.

If your spouse co-signed a loan or shares a joint account, bankruptcy won’t stop collection attempts. They could still be responsible for repaying joint debts after your discharge.

At the end of your bankruptcy case, you’ll receive a discharge. The court order eliminates your legal obligation to repay included debts.

Your discharge doesn’t directly protect your spouse unless they also file bankruptcy. Community property laws may provide some coverage for their assets.

Need help determining if bankruptcy is right for you? Our partner Cambridge Credit Counseling can review your options and help you find the best path forward.

Frequently Asked Questions About Spousal Debt

Answers to these questions vary by state and debt type. Consider scheduling a free consultation with a lawyer for advice specific to your situation.

Does My Spouse’s Debt Affect My Credit Score or Credit Report?

Your spouse’s debt doesn’t directly impact your credit score. It won’t appear on your credit report either.

When you get married, your credit histories remain separate. Debts taken out solely in your spouse’s name only show on their report.

Joint debt is different. Shared credit cards or co-signed loans appear on both credit reports. They can impact both credit scores equally.

Missed payments or high balances on joint accounts hurt your credit. Your situation doesn’t matter if your spouse makes the payments.

In community property states, marriage debt may affect your household finances. Managing your own credit health could become harder as a result.

Can a Debt Collector Come After My Spouse for My Debts?

Debt collectors typically can’t pursue your spouse for debts solely in your name. Common law states provide this protection in most cases.

Community property states have different rules. If you live in one, your spouse could be liable.

Co-signers and co-borrowers are always liable regardless of marital status. Debt collectors can pursue them for full repayment.

Check your state’s specific debt collection laws for more details. Rules vary significantly from state to state.

Can a Creditor Garnish My Spouse’s Wages for My Debt?

Creditors can only garnish your spouse’s wages if they’re liable for the debt. Co-signing a loan creates this liability.

Community property state residents face broader garnishment risks. Your spouse’s wages could be at risk even without co-signing.

Otherwise, your spouse’s wages are protected from garnishment. Debts solely in your name can’t touch their paychecks.

How Does a Judgment Against Me Affect My Spouse?

Judgments against you could affect your spouse in certain situations. Community property states allow creditors to pursue joint assets.

Property or money you both share could be at risk. Creditors can use judgments to collect from these shared resources.

In common law states, judgments usually only affect the person who owes the debt. Your spouse wouldn’t be responsible unless they co-signed or co-borrowed.

Is My Spouse Responsible for My Medical Debt?

Medical debt responsibility varies by state law. Some states apply the doctrine of necessaries.

The doctrine may hold spouses responsible for each other’s essential expenses. Medical bills often fall under this category.

Community property states may treat medical debt as a shared responsibility. Debts incurred during marriage could affect both spouses.

Am I Responsible for My Spouse’s Student Loans or Financial Aid Debt?

You aren’t responsible for student loans your spouse took before marriage. These debts are considered separate property in all states.

Your spouse is solely responsible for repaying their pre-marital student loans. Marriage doesn’t change this responsibility.

Refinancing student loans together changes everything. Co-signing a new loan makes you equally responsible for repayment.

Community property states may treat loans taken during marriage as shared debt. Understanding your state’s laws is important before borrowing.

Can a Prenup Protect Me From My Spouse’s Debt?

A prenuptial agreement can protect you from your spouse’s debt. Prenups are legally binding contracts signed before marriage.

They outline how assets and debts will be divided. Protection applies during marriage and after divorce.

Including specific debt terms in a prenup clarifies responsibility. You can state which debts remain separate and which are shared.

Prenups are especially helpful in community property states. Default rules in these states make marital debts automatically shared.

Consult an attorney who specializes in family law. They’ll ensure your prenup is enforceable and meets state requirements.