When a couple agrees to marry, it is assumed they will shoulder each other's burdens and support each other. However, in the eyes of the law, when it comes to finances, a husband usually isn't responsible for carrying his wife's debt. Likewise, a wife typically is not bound to the debt her husband carries. Regulations on this issue, however, are not consistent across the United States.
Separate Property States
Whether a creditor can come after you for your wife's debt depends largely on the state in which you live. Most states are separate property states. In these states, you and your wife are financially separate in the eyes of the law, meaning your wife is responsible for her debt and you're responsible for yours. If you live in a separate property state, your share in marital assets usually is protected.
Community Property States
Community property states function in the opposite manner of separate property states in regard to debt. In these states, you and your wife are one financial entity, according to the courts. The concept in these states is that, when you get married, you and your wife function as a unit, and that therefore, you both should be accountable for debt incurred. If you live in a community property state, creditors have the legal right to seize your property, even if you had no idea your wife was racking up debt. As of 2011, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin are community property states.
Creditor's Choice to Pursue
Even if you live in a community property state, creditors won't necessarily come to you to seek compensation for what your wife owes. They have the choice to sue you to get a judgment or just write off the debt. If they foresee that the cost of legal action will be larger than the debt itself, they usually don't sue. Even if they sue, they have to go through due process before they can seize your assets.
Credit
People often are concerned that liability for their spouse's debt will impact their credit score negatively. This usually is not the case. In most instances, your wife's debt won't impact your credit, because your name isn't on the credit applications your wife filed, and because individual credit reports are generated using your Social Security number.
Pre-Marriage Debt
In general, if your wife incurred debt before marrying you, you are not responsible for that debt. There are some exceptions. The first is if you co-signed for the pre-marital debt. Some husbands do this as they obtain property or loans with their wife while they are still dating or engaged. The second is if you become a joint account holder, such as if you get your name put on a credit card on which your wife has a balance. The last exception is if your wife's debt becomes "fresh" debt through refinancing or consolidation. Even if you don't put your name on the refinance or consolidation contract, you might be responsible for this debt, depending on your state, because the new loans and agreements that cover her old loans and agreements are made after your marriage. As with post-marital debt, obligations vary by state, so if you are concerned, contact an attorney in your specific jurisdiction.
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