Can you be liable for your partners debt?
Isabella Turner
Updated on January 24, 2026
You are not responsible for your partner’s debts just because of your relationship, whether you are married or not. However, you may have become liable for his or her debts because you signed a loan contract as a joint borrower or guarantor, or because you were a director of a family company or a partner in a business.
What happens if someone’s estate does not cover their debt?
If there is insufficient money or assets in the estate to pay off all the debts, then the debts would be paid in priority order until the money or assets run out. If someone dies leaving nothing, then there is no money to pay off the debts and the debts will usually die with them.
Is it illegal to not pay back credit card debt?
There are no longer any debtor’s prisons in the United States – you can’t go to jail for simply failing to make payment on a civil debt (credit cards and loans). If you don’t fulfill the requirements of the judgment, you could possibly be arrested for violating the court order and end up in jail.
Is a husband responsible for his wife’s credit card debt?
You are generally not responsible for your spouse’s credit card debt unless you are a co-signor for the card or it is a joint account. However, state laws vary and divorce or the death of your spouse could also impact your liability for this debt.
Are wives responsible for husband’s debt?
Generally, one is only liable for their spouse’s debts if the obligation is in both names. But, unlike a common law state, in community property states all debts incurred by either spouse during the marriage are shared equally, regardless of whose name is on the account.
What happens when you have a credit card balance?
In the case of credit cards, your balance is an unsecured debt. That means that unlike a mortgage, which is backed by the value of your home, there’s no asset providing security to the lender. For a secured debt, like a mortgage, your mortgage lender may require the house be sold to pay the loan off.
Can You Lose Your House if you have credit card debt?
That is when you might face the prospect of losing your home. But creditors rarely employ such drastic measures, in part because there is usually a mortgage attached to a home. Mortgages are secured debt, and the mortgage holder would have first rights if the home were foreclosed on to pay a debt.
What happens if you have an unpaid credit card debt?
Unpaid Debt Gets Assigned to Third-Party Debt Collection Agencies 1 Pay off the debt in full if you are financially able. 2 Make a monthly payment arrangement. 3 Negotiate a payoff for less than the balance owed on the account and pay this reduced balance in a lump sum or over a set time period.
What happens if you default on a credit card?
If you default on a credit card, loan or even your monthly internet or utility payments, your account could be sent to a debt collection agency. Unpaid debts sent to collections hurt your credit score and may lead to lawsuits, wage garnishment, bank account levies and harassing calls from debt collectors.