Is my husband legally responsible for my debt?

After a legal separation or divorce, a debt is generally owed only by the spouse who incurred the debt, unless the debt was incurred for family necessities, to maintain jointly owned assets (for example, to fix a leaking roof), or if the spouses keep a joint account.

Is a spouse responsible for their deceased spouse’s credit card debt?

In Canada, debts cannot be inherited and cannot be transferred upon the death of a spouse. It is also important to know that no-one is legally responsible for their spouse’s debts just because they are married.

What happens when you marry someone with a lot of debt?

In common law states, debt taken on after marriage is usually treated as being separate and belonging only to the spouse who incurred them. The exception are those debts that are in the spouse’s name only but benefit both partners.

When is your spouse liable for your business debts?

When You or Your Spouse May Be Liable for Business Debts. You or your spouse may be personally responsible for your business debts under the following circumstances: If you are a sole proprietor or a general partner of a partnership, you have unlimited personal liability for the obligations of your business.

Can a spouse be liable for a loan?

Similarly, most debts incurred during the marriage are deemed to be community debts regardless of who is on the loan documents. This means that if your spouse takes out a loan, community property (which you both own) can be used to satisfy that obligation.

Can a spouse be liable for a credit card debt?

Whether the debt was assigned to you in a divorce proceeding. Generally, if you live in a common-law state, liability for credit card debts is triggered if the debt was in your name. Typically, if one spouse has put a line of credit or a credit card in his or her name, then you are on the hook as you would be if you two were not married.

Who is responsible for your spouse’s debt if you divorce?

So even though you may not have been directly responsible for the debt, you’d still be on the hook for repaying it if your spouse defaults. If you and your partner divorce in a community property state, the debts you individually brought into the marriage would remain your own.