Can My Creditors Take My Husband's Money?

People who get into debt may wonder whether their indebtedness will affect not only their own lives, but the lives of relatives. This is particularly true of spouses. A wife may fear that the debts she has run up will cause creditors to come after not just her own funds, but funds saved by her husband. However, according to U.S. law, creditors cannot go after relatives' funds.

Personal Debts

Under U.S. law, a person is only responsible for debts that he has taken on himself. A person cannot be held responsible for another person's debts unless he is willing to do so voluntarily. However, if a person co-signs for a debt with someone else, he is equally responsible for it. In addition, a person who has joint assets with someone else may be required to surrender some of these split assets with creditors.

Debt Collection

The Fair Debt Collection Practices act of the United States, a federal law, states that a person cannot be held responsible for debts that are not his own. This law also prohibits creditors from contacting or seeking payment from a debtor's relatives. So, legally, a creditor cannot seek payment from a husband for his wife's debt, even if the two of them are married and living together, useless these debts are shared.

Joint Debts

Sometimes, a husband and wife may share debts. For example, both a husband and wife may be listed on a credit card account or on a mortgage statement. In addition, some spouses allow each other to accrue debts on each other's accounts. So, for example, a wife may use a husband's credit card to make purchases. In such a case, although the wife incurred the debt, it is the husband who is legally responsible for paying it.

Joint Assets

If a creditor is seeking payment of a wife's debts, it may attempt to seize her assets forcibly. This can be done if the creditor sues the wife in civil court and wins a judgment against her. If this happens, he may be able to petition the judge hearing the case to garnish the wife's wages or seize her bank account. He would only be allowed to seize assets owned solely by the wife. He would not be allowed to garnish the husband's wages or seize an account owned solely him.