The common denominator in the question of debt liability shared within a family structure is twofold: one, the act of mutual consent/signature; and two, the applicable law as set down in the state where the family resides.
Mutual consent/signature
In the vast majority of cases, if both spouses sign a debt agreement contract, both are held jointly liable to the creditor. However, a spouse or family member could, unknowingly (and inadvertently), assume liability, if the issue took place in a "community property" state.
Community Property States
There are presently nine "community property" states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Community property laws are unique to each state, but there is a basic common thread which seems to exist throughout.
Spousal debt liability in Community Property States
According to the firm, Legal Helpers, there is a basic tenet existing in all nine of the community property states. A non-signing spouse residing in a community property state may still be held liable for the debt, but only if the debt incurred during the marriage was used for the benefit of both spouses.
Spousal debt liability in non-Community Property States
According to the Moran Law Group, if the spouses never resided in a community property state, and only one spouse signed the debt agreement contract, then only the spouse who signed can be held responsible for the debt incurred. This would automatically relieve the non-signing spouse of any future liability implications.
Considerations
As lawyers from "Just Answer" point out, it certainly would be in the best interest of any married person to thoroughly probe any and all debt liability ramifications, either direct or indirect, that may be incurred from the spouse.
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