Full question:
My Dad wants to file bankruptcy and his wife does not. My Dad has cancer and cannot pay for all her spending even though he has signed for nothing. He is retired and is barely making ends meet. Is he responsible for all bills or just his?
- Category: Debts and Credit
- Date:
- State: Missouri
Answer:
Generally, one spouse is not liable for the other spouse's debts if the debts are in individual accounts, and the spouse did not sign as a guarantor or co-signer. This holds true unless the couple lives in a community property state. In community property states, the non-debtor spouse's assets could still be at risk, especially in situations like bankruptcy, divorce, or litigation. For instance, creditors may pursue jointly held assets, such as bank accounts, to settle debts. If a spouse agrees to pay a joint credit card debt but fails to do so, the creditor can sue both spouses for that debt. Laws regarding debt responsibility can vary by state, depending on when the debt was incurred and the identity of the debtor.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.