ABA Family Legal Guide

Family Law

Money Matters During Marriage

Debts and Taxes

Is a husband or wife responsible for debts incurred by the other?

That depends on the nature and timing of the debt as well as the state in which the couple live. If both husband and wife have co-signed for the debt, both will be responsible for paying it. For instance, assume the husband and wife apply together for a charge card. If both sign the application form and promise to pay the charge bills, both will be responsible for paying off the entire balance to the credit card company or store, even if only one of them made the purchases and the other disapproved of those purchases. Similarly, if a husband and wife co-sign on a mortgage for a home, both of them are liable to the mortgage company, even if one of them no longer lives in the home. In community property states, a husband and wife may be responsible for debts incurred by the other even if both parties do not co-sign on the debt.