In most community property states, both spouses are equally responsible for the repayment
of debt incurred during the marriage, even if only one spouse enjoyed the benefit.
Not exact matches
However, if you live in a community property state (California, Arizona, Idaho, Nevada, Louisiana, New Mexico, Washington, Texas or Wisconsin), your spouse and you may be responsible for
debts incurred during the
marriage, and the individual
debts of your spouse may appear on your credit report as well.
If either
of the parties tends to spend far more than the other, you can describe in the prenuptial agreement how you want
debts incurred during the
marriage to be treated for equitable distribution purposes.
However,
debts incurred jointly
during the
marriage are the responsibility
of both spouses — regardless
of who actually spent the money.
The court may decide one spouse is responsible for all joint
debts and liabilities
of the parties
incurred during marriage.
Just as you need to determine what you own, you will also need to make a determination
of all
of the
debts that you or your spouse have
incurred during the
marriage (without respect to the name in which it was
incurred).
All
debt incurred during the
marriage, no matter by whom, is generally considered to be the community
debt of both parties.
This means that any property (other than gifts or inheritances) you and your spouse acquired
during the
marriage belongs equally to both parties and any joint
debts incurred during the
marriage are the equal responsibility
of both parties.
Unless the creditor was specifically looking to the separate property
of one spouse for payment, all
debts incurred during marriage are marital.