Am I Liable for My Husband's Debt?

Your liability for your husband's debt depends on where you live, the account terms and the type of debt involved. You should not assume responsibility for outstanding debts unless there is proof of liability and your state laws support the information. As with any situation with the potential for legal consequences, consult with a legal professional or contact your state Attorney General's office regarding your rights and responsibilities.

Facts

Unless you live in a community property state, you generally are not liable for your husband's debt unless you are a joint account holder, cosigner or otherwise have a contract with the creditor. Community property means that most debts and assets acquired during the marriage are jointly owned. Even if you reside in a community property state, you may not be responsible for debts your husband made prior to marriage.

Debt Types

Generally, if you file a joint tax return with your husband, you are equally liable for any tax debts. However, if your tax debt is deemed unfair or solely the fault of your husband, the IRS may approve an Innocent Spouse Relief claim absolving you of some or all of the tax debt. Unless held jointly or subject to community property laws, most consumer debts, such as credit cards or loans, remain your husband's obligation. There are exceptions and, depending on state law, you may be jointly liable for debt incurred for "life necessities" and household items used by the family or medical debts.

Concerns

Some states allow creditors to garnish joint bank accounts for delinquent debt with a court order. Some types of income, such as public aid, disability benefits and other government payments, are exempt from wage or bank garnishment. You must reply to the court summons, because failure to respond may result in automatic garnishment. If you are not liable for the debt, or the account contains protected funds, claim these exemptions with the court and notify the creditor and your bank of the exemptions.

Considerations

While federal law protects consumers from deceptive collection practices, when it comes to delinquent debt, your lack of liability isn't always enough to deter creditors. If debt collectors call, ask for proof of your liability. Request a copy of the original contract or other binding document. Being an authorized user on your husband's credit card does not necessarily mean you are liable for the charges, because you did not enter into a contract with the lender. If you feel harassed by a debt collector, file a complaint with the Federal Trade Commission of your state Attorney General.