Do I Have Responsibilities for My Husband's Debt?

Whether you have responsibility for your husband's debts is a complicated question. When the debt landed into default, your home state can have a bearing on whether you could be held legally responsible for his debt. Besides the legal question, there is a practical question of how you can maintain your marriage and reach your financial goals when one of you is mired in debt.

Pre-Marriage Debt

Generally speaking, you are not legally responsible for any debt your husband obtained and defaulted on before you got married, as long as you weren't ever a party to that credit account. If it was his before you tied the knot, it will be his alone should you ever split. Of course, the debt he shoulders is likely to affect you, so you should be part of the plan to reduce his debt load.

Joint Debt

Any debt your husband defaults on during your marriage could become your responsibility, even if you had a private agreement about how you two would handle a particular credit account. If you are in any way a party to the debt---a co-applicant, co-borrower or guarantor---you are on the hook if your husband doesn't pay. If none of these apply, you still want to take measures to protect yourself, such as removing yourself from joint bank accounts, in case he is hit with a judgment.

Divorce and Debt

In community property states, all income and property, and debt, incurred during a marriage are shared equally by husbands and wives. The states that observe community property are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Washington and Wisconsin, as well as Puerto Rico. Alaska allows you to opt into community property status. Some tribal communities also follow community property laws. All this means that should you divorce, you're responsible for half the debt in the marriage.

Reach Financial Goals

Although you may not have a legal responsibility for your husband's debt, you may still have a moral or practical imperative to help him with his debt load. For example, if you have financial goals like buying a house, paying for your children's education or even taking a nice vacation, then you have a vested interest in his debt. Furthermore, assisting him with his money problems, and consequently not fighting about them, can even save your marriage. The New York Times reports on a study that says couples who squabble over finances are 30 percent more likely to divorce.