Monday, March 24, 2008

Is a Wife Responsible for a Husband's Debt in Pennsylvania?

Debt within a marriage can be a divisive subject. If the spouses have different attitudes toward money -- perhaps one's a saver and the other a spender -- this can lead to arguments and sometimes even divorce. It's helpful to be aware of the debts for which you are responsible within a marriage.

Common Law State

    Pennsylvania is a common law state, rather than a community property state. This means that in many instances, each spouse is responsible for his own debt, unless the debt was used to purchase items that benefit the general household. An "innocent" spouse has more protections in a common law state against being held liable for her partner's debt.

Debt Brought to the Marriage

    If your husband had significant debts at the time he married you, in Pennsylvania these are considered his and his alone. He is responsible for paying them off, and you cannot legally be pursued by any of these creditors. In this context, you should be wary of refinancing pre-marriage debts. If your husband completes a refinancing of his prior debt, there's an increased chance it will be considered debt acquired during the marriage, in which case you could be held liable.

Joint Benefit

    If your husband accumulated debt to buy items or services that could be considered of benefit to the entire household -- for instance, groceries or medical care for a child -- you can be considered responsible for that debt in Pennsylvania, even if you did not cosign for it. If the purchases made benefit him alone, such as a vacation he takes by himself, you cannot be pursued for the debt as long as you did not cosign for it.

Joint Accounts

    If you have joint credit card accounts with your husband, and he runs up hefty balances, you are considered to be equally responsible for this debt, because your name is also on the account. It does not matter whether you knew about the spending or whether it benefited you. By signing onto the account, you have given your consent that you are equally liable for all charges made.

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