Could You Be Liable for Your Spouse’s Debt?

Creditcards.com recently published a provocative article on whether or not one spouse is legally obligated to pay off the collected debts of the other spouse. Basically, the scenario is that the collection process has already taken place and the creditor (typically an original creditor - as opposed to a collection agency - like a credit card company) has secured a legal judgment against the spouse who owes the money. If it’s not a joint account, you’re not responsible for paying the debt, and the creditor can’t get a court judgment against you.

However, if you live in a community property state (Arizona, California, Idado, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin), any assets you have that you acquired during your marriage are fair game if a creditor obtains a legal judgment against your spouse.

There are also state-specific rules regarding whether or not assets like vehicles, real estate, and retirement benefits are fair games for creditors who have received a judgment against a consumer. The bottom line? Keep an open line of communication with your spouse about financial matters, know your rights, and protect your assets.

« Newer Posts