Am I Responsible for a Credit Card Debt Under My Husband's Name?

Money is a major concern for most couples; however, if one spouse is routinely irresponsible financially, the worry may extend further than marital strife---the responsible spouse may be in danger of losing her wages and property, too. Whether or not you're responsible for your spouse's debt depends on the type of debt, the type of account and your home state. In some states, even if your finances and taxes are completely separate, you are responsible for your spouse's debt.

Separate Accounts

If you have separate financial accounts, including credit cards, you are not responsible for your spouse's debts. Your credit score is based solely on your own financial history. Therefore, any debts your spouse has accrued affect only his credit report and only he is responsible for paying back those debts.

Joint Accounts

If you have a joint credit card account, you are both equal owners of the account and you are therefore equally responsible for the debt accrued on that account. For instance, if you have a joint credit card with a high balance, that balance would create a negative impact on both your and your spouse's credit score. If your spouse refuses to make payments on the debt, as the co-owner of the account you will be responsible for paying it off.

Community Property States

The states of Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas and Washington are community property states, which means that even if your debts are separate, collectors may come after you to repay the debts even if they are solely in your spouse's name. As the spouse of a financially irresponsible person, you would be responsible for any debts your spouse took on while you were married. Wisconsin has a Uniform Marital Property Act, under which spouses are subject to the same rules as community property states.

Considerations

If collectors begin contacting you to pay off your spouse's debts, Bankrate suggests contacting the Federal Trade Commission or your state's attorney general to file a complaint. You may also consider contacting a credit counselor with your spouse to consider your options for how to get your their debts paid off.