Who is responsible for debts incurred?

Michigan Skip

Michigan Skip

Forum Member
When 2 people get married, one gets a credit card or other loan in their name and then defaults? is the spouse responsible for debts made by the other even if their name isn't on the loan?
 
Whoever has the penis.

No, seriously. If she has debts she can't pay, they're coming after you because half of yours is hers. At least that's my understanding. Could be wrong.
 
LT1Pat said:
What about student loans and crap before a marriage? Does their debt become your debt?
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It doesn't really matter legally, does it? If you marry someone with debt, it's yours anyhow isn't it? If you don't feel that way, don't get married.
 
Some info on the net:

Can a creditor or debt collector go after my new husband or wife for my old debts?

The answer is probably no, but there are conditions in which your new spouse would be liable. For example, if you put the spouse's name on the credit card account as a joint accountholder, he or she could be held liable, even if you put his or her name on the card account as a joint accountholder after you incurred all of the debt. This is true even if your new spouse had no idea you are about to default on the card or have already defaulted.

There is another issue surrounding this question, which is, if the debt is old, is it a
time-barred debt? The collector might be barred from collecting anything from anybody if the debt is too old.

I am married but have a credit card that is in my name only, which I have recently defaulted on. Can a creditor or debt collector go after my spouse for repayment of this debt even though his name isn't listed on the credit card?

Yes, marriage is like a partnership with each of you jointly liable for any debts incurred during the marriage. It doesn't matter if your spouse is or isn't listed on the card as a joint accountholder, he or she can still be sued, have his wages garnished, etc., just as if he incurred the debt.
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Premarital debt is the person's own. The spouse cannot be held responsible for it.

But that isnt to say shared assets obtained after/during the marriage won't be claimed in a judgement if the person defaults on the premarital debt.
 
Student loans are especially hard debt to wipe clean. Bankruptcy normally does not discharge student loans or back due taxes.
 
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