Am I responsible for my spouse's credit card debt?

Full question:

If my spouse has credit card debt which I neither approved of, nor signed my name to, do I have any obligation to pay said debt?

  • Category: Husband and Wife
  • Subcategory: Duty to Support
  • Date:
  • State: New Hampshire

Answer:

Generally, you are not responsible for your spouse's individual credit card debt if you did not approve it, sign for it, or are not an authorized user, surety, guarantor, or cosigner. This is especially true if you do not live in a community property state.

However, in community property states, your assets may still be at risk. For example, in situations like bankruptcy, divorce, or litigation, creditors might pursue joint assets, such as a bank account held in both names. If your spouse has a joint credit card debt and fails to pay, creditors may sue you for that debt. State laws vary regarding which spouse is liable for certain debts, depending on when the debt was incurred, who the debtor is, and the debt's purpose.

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

You are generally not responsible for your wife's individual debts unless you co-signed or are an authorized user. In community property states, however, joint assets could be at risk for debts incurred during the marriage. Always check your state's laws for specifics.