Is my wife responsible for my credit card debt?

Full question:

We moved here from Indiana 3 years ago. I had my own credit cards. I went own total disability. Is my wife responsible for my debt now that we live in Arizona?

  • Category: Debts and Credit
  • Subcategory: Credit Cards
  • Date:
  • State: Arizona

Answer:

Generally, a spouse is not liable for the debts of the other as long as it is an individual account, the spouse running up the debt is not an authorized user, surety, guarantor, or cosignor, and the couple does not live in a community property state. However, even in a community property state the assets of the spouse not running up the debt could be at risk. For example, in cases involving, among others, bankruptcy, divorce, or other litigation, creditors may go after assets held jointly by the debtor and non-debtor spouse, such as a bank account in both their names. If your spouse agrees to pay off a joint credit card debt but does not, the bank may successfully sue you for that debt. However, state laws vary about which marriage partner is responsible for certain debts, depending upon when the debt was incurred, the identity of the debtor, or the purpose of the debt.

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.

FAQs

In Arizona, you are generally not responsible for your spouse's individual debts unless you are a co-signer or authorized user. Arizona is a community property state, which means that debts incurred during the marriage may be considered joint. However, if the debt was solely in your spouse's name and you did not agree to it, you typically would not be liable for it.