Is My Spouse Liable for My Credit Card Debt?

Submitted by kim09 on Mon, 10/26/2009 - 15:03
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I know there's more people on here that can answer this with more knowledge than me. But I believe As long as your wife's name wasn't on the account then she shouldn't be responsible. But I may be wrong on that part because I have heard that if you are married then you are responsible for each others debts. As far as the Bankruptcy goes it all depends on which you file. If you file chapter 13 then you would include them in your list of creditors and part of your payment would go to them. If you chapter 7 it should wipe the slate clean and you would owe nothing.But I'm not sure about after the judgment served. Is there a reasoning you are waiting to file?

Mon, 10/26/2009 - 15:56 Permalink

Hi Kim,

Generally a non signing spouse is not held liable to pay the debt. If you have signed together, then obviously your wife is also liable to pay. However, in some states like Arizona, Idaho, Nevada and some others, the non signee spouse might also be liable to pay the debt, if the credit money was used for the couple.

You can file bankruptcy, but that will not help to get rid of the debt. If you file chapter 7 bankruptcy, then you have to sell your property to repay the debt. In case, you file chapter 13 bankruptcy then you will have to settle for a repayment plan to pay it off. Hence, you will still be liable to pay it off.

Tue, 10/27/2009 - 06:21 Permalink

Justin, I believe you are talking about the states where the communitive property law is in effect. There are some states that do not have this law. In those states the wife would not be held liable...correct.

Tue, 10/27/2009 - 10:41 Permalink
Dee (not verified)

Is my spouse responsible for my debt. We have only been married for a few months when I got sick.

Tue, 11/03/2009 - 21:50 Permalink

Hello Dee, Was the credit cards open before you were married/ I can not imagine that credit card debt aquired before marriage would count against the new partner. One of the more skilled here may have a different answer but I would not believe this to be true. As you see from earlier on in this post sometimes it is state depending.

Tue, 11/03/2009 - 23:48 Permalink
jim parham (not verified)

in georgia,the law clearly states,if you are the only one on the credit card note,no cosigners,etc etc,only you are lible in unsecured credit cards, not your spouse,

Mon, 12/21/2009 - 16:06 Permalink
Kimt (not verified)

In GA am i liable for my husbands medical debt from a preexisting condition?

Mon, 03/01/2010 - 21:59 Permalink

Hi Kimt,

Georgia is not a community property state. Thus, you are not liable for any kind of debt incurred by your spouse, if you have not co-signed it. However, you can still check the laws of your state.

Hope this helps.

Regards,

Aaron.

Tue, 03/02/2010 - 06:43 Permalink
donald babson (not verified)

if somethings happens to me, would my wife be liable for my
debts if they were just in my name? i live in north carolina.
my credit cards and my car loan are just in my name. thanks

Tue, 06/01/2010 - 20:43 Permalink
bl (not verified)

if i incurred credit card debt before a marriage, will my spouse be responsible for the debt after our marriage? Can a lien be placed on a home that is signed by both of us after we are married for the same debt?
Thanks to all,
bl

Thu, 10/13/2011 - 22:10 Permalink