Can a Spouse's Debt Become a Lien on Another Spouse's Property?

Married couples typically share financial benefits and obligations, though the extent to which you're responsible for your spouse's debts depends on the nature of the debt and the state in which you live. Depending on your circumstances, you may be responsible for your spouse's debts, and a lender may file a lien against your property to recover an unpaid debt. Talk to an attorney in your area to receive legal advice about your specific situation.

Liens

A lien is a legal interest a creditor takes in your property. For example, when you get a home loan, the lender typically has a lien against your home. If you ever default on the loan, the lender may then foreclose on the home. If you have an unsecured debt, one in which you don't initially give the lender a lien or other security interest in your property, the lender has to sue you and prove its claim before it can file a lien or take possession of your property to satisfy the unpaid debt.

Individual Debts

A spouse's creditor can't generally obtain a lien against your individual property. However, if you own joint property with your spouse, such as a home, a creditor may obtain a lien against this property. For example, if your spouse has an individual credit card and fails to pay back the card debt, the credit card company may seek to place a lien against any of your spouse's property, including any property he owns jointly with you.

Joint Debts

Joint debts are a different situation when it comes to liens. Although someone else's creditors can't file a lien against your individual property, when you share a debt with your spouse, creditors are entitled to place a lien against either joint debtor's property to satisfy the debt. If, for example, you and your wife co-signed for a credit card, even if you never use the card, the creditor may sue both of you and file a lien against your property for any unpaid debt.

Community Property States

In certain states, spousal debts are considered "community property." This means that a debt incurred by either spouse during the marriage becomes a shared debt by the married couple. There are only a handful of community property states: Wisconsin, Washington, Texas, New Mexico, Nevada, Louisiana, Idaho, California and Arizona; Alaska allows couples to voluntarily enter into a community property relationship.