ABA Family Legal Guide

Family Law

Money Matters During Marriage

Debts and Taxes

Is a husband or wife liable for the debts of the other without co-signing for the debt?

That again depends on the nature of the debt and where the couple live. Some states have family-expense statutes that make a husband or wife liable for expenses incurred for the benefit of the family, even if the other spouse did not sign for or approve of the expense in advance. Still other states impose this family-expense obligation by common law, without a statute. Thus, if the wife charged groceries at a local store or took the couple's child to a doctor for care, the husband could be liable because these are expenses for the benefit of the family. On the other hand, if the wife runs up bills for a personal holiday or the husband buys expensive coins for his personal coin collection, the other spouse normally would not be liable unless he or she co-signed for the debt. Again, in community property states, a husband or wife is generally responsible for the debts of the other, even in the absence of a cosignature.