Am I Responsible for My Husband’s Debts After Divorce?

You won’t be held liable for your husband’s debts after divorce in most cases. However, there are important exceptions you need to understand.

Whether you’re currently divorcing or recently divorced, you need to know how debt responsibility works. Your liability depends on where you live and how the debt was incurred.

Different states follow different rules. Most states use common law property rules. A handful use community property law instead.

Common Law Property Rules

Most states follow common law rules for debt responsibility. Under these rules, you’re responsible for debts bearing your name and debts that benefited the marriage.

You remain liable for joint credit card debt even if you were only a cosigner. You also share responsibility for debts used to improve jointly owned property, like your home.

Personal debts are different. If your husband took out a car loan in his name alone, he’s solely responsible. After divorce, each spouse keeps their personal debts. You share responsibility only for joint debts.

Property division works similarly. Marital property gets divided equitably between spouses. Individual property stays with whoever acquired it.

Community Property Rule

Nine states use community property rules: Arizona, Idaho, California, New Mexico, Nevada, Texas, Wisconsin, Washington, and Alaska (as an option).

In these states, assets and debts from during the marriage belong to both spouses. During divorce, debt gets divided between ex-spouses.

You can protect yourself with a prenuptial agreement. A prenup keeps your personal property, income, and debts separate from your spouse’s.

Creditors have broader powers in community property states. They can seize either spouse’s assets to recover debt. If one spouse can’t pay, creditors can pursue the other.

Bankruptcy affects both spouses in community property states. When one spouse files bankruptcy, both spouses’ debts may be discharged.

Some assets remain separate even in community property states. Gifts and inheritances to one spouse stay individual property. Creditors can’t seize these to pay the other spouse’s debts.

How Divorce Judgments Affect Debt

Courts consider several factors when dividing assets and debts:

• Prenuptial agreements
• State property laws
• Property ownership details

Courts aim for equitable and fair separation. The divorce decree specifies each spouse’s debt responsibilities.

Here’s the catch: creditors aren’t bound by your divorce decree. Divorce rulings don’t change the original agreements between creditors and spouses.

If you both signed for a debt, creditors can still pursue either or both of you. The court may assign a joint debt to your ex-husband. But if he doesn’t pay, creditors can come after you.

You have options if this happens. You can petition the court to enforce the divorce decree. You can also pay the debt to protect your credit report.

Responding to Debt Collection Lawsuits After Divorce

Your debt responsibility after divorce depends on your state’s property laws. If a creditor sues you for your ex-spouse’s debt, you must respond promptly.

Ignoring a lawsuit never makes debt disappear. Courts can issue default judgments against you if you don’t respond.

You need to file a legally proper answer to the lawsuit. Our partner Solo helps you create an attorney-approved answer in minutes.

Protecting Yourself From Your Spouse’s Debts

You can take steps to protect yourself before and during divorce. Keep your finances separate as much as possible.

Close joint credit accounts during the divorce process. Contact each creditor to remove your name from joint accounts. Open new accounts in your name only.

Monitor your credit reports regularly. Watch for debts your ex-husband might incur using joint accounts. Dispute any unauthorized charges immediately.

Document everything. Keep copies of all divorce documents, payment agreements, and communications with creditors. You may need proof of who’s responsible for each debt.

When Creditors Violate the Law

Debt collectors must follow the Fair Debt Collection Practices Act. They can’t harass you or lie about what you owe.

If creditors pursue you for debts you’re not responsible for, you have rights. You can demand they verify the debt. You can dispute incorrect information on your credit report.

When collectors sue you for your ex-husband’s separate debt, you can fight back. Your Answer to the lawsuit should include affirmative defenses based on your state’s property laws.

Our partner Solo walks you through building strong defenses. The platform asks you specific questions to identify which defenses apply to your situation.

What to Include in Your Legal Response

Your Answer to a debt lawsuit must address specific points. You need to respond to each allegation in the Complaint.

Admit facts that are true. Deny allegations that are false or that you lack knowledge about. Include affirmative defenses that explain why you’re not liable.

Common defenses in divorce debt cases include:

• The debt was your ex-spouse’s separate obligation
• You live in a common law state and didn’t sign for the debt
• The divorce decree assigned this debt to your ex-husband
• The statute of limitations has expired

File your Answer within the deadline stated in your summons. Most states give you between 20 and 30 days. Missing this deadline can result in an automatic loss.