Your Debt Related Responsibilities As A Spouse
When you’re single and you assume a debt such as a loan or credit card, that debt belongs to you and no one else.
But what happens when you’re married?
In general, you are always responsible for any debt you co-signed for. Married couples frequently open joint credit card accounts, sign mortgages and buy cars together, with both the husband and wife signing the applications and other necessary forms. This would make both parties equally responsible for the debt, even if they did not equally share in the benefits.
For example, if a couple purchases a car together but only the wife drives it, the husband still shares in the responsibility for the debt. Likewise, if both parties open a credit card together but only the husband uses it, the wife is still legally liable for the debt.
In some states, the law also requires both spouses to be responsible for debts incurred in support of the family’s household. Often referred to as the “family expense statute”, these laws require that the husband and the wife equally share in debts such as doctor bills and charges for groceries, electricity and the like. Many states also impose this kind of inferred responsibility, even if a statute is not in place.
States that have community property laws in place often hold both parties responsible for each other’s debts created during the marriage , regardless of whether both signed on the account.
As a general rule, any debts created prior to the marriage are not typically treated as a shared debt between spouses however, there are a few exceptions. Some states allow certain debts to collect against marital property, even if the spouse was not technically responsible for the debt. That means that a judgment or lien could be placed against property and/or assets owned by both parties to satisfy a debt incurred by one of the spouses prior to marriage.
3 Comments
My wife and I were married overseas and then I came to the US on a Spouse (K-3) Visa. I got my Green Card a few months after I arrived in the US. We had a child here and lived together as a family for 4 years. After I had tax returns for 3 years, I filed for citizenship and got it. During the time my citizenship was in process things between my wife (who sponsored me being a born citizen) and I deteriorated and she returned to our home country with our child. She repeatedly asked for a divorce but I stalled it hoping that she would return and things would get patched up. Seeing no budging from her side, I returned to our home country and filed for divorce and child custody there. Both the divorce and child custody cases are in process over there. What are my rights as a US citizen to protect myself and my child who is with her? Also she financed a car in her name here when we were together. I have been making payments of that car all along but stopped paying now. Am I liable for the debt she has incurred or is it her own debt? We do not have any credit cards together….only her. I have my own credit cards now. Please advice on financial implications and how can my immigration/citizenship issues are affected by this divorce. Thank you.
I want to get a divorce, however, our home has no equity and cannot even be sold or refinanced for the amount we owe; if I want to give him the home, can I get my name removed from the mortgage somehow without him having to refinance?
My husband and I have been legally separated since June 2010. My husband owed for some back procedures he had done. The company withdrew the money that he owed from my checking account, without contacting me. Only comment from my ex was well I will see if I can pay you $5.00 a month, he earns more than I do and I am trying to get my life back together. My ex cashes his paycheck will not open any bank account, Iam saving up some money to apply for a divorce and this withdrawal has set me back.