Thank you for your question about the debts you brought into your marriage and your spouse's responsibility to pay them.
Which Spouse is Responsible for Debt Incurred Before Marriage?
The quick answer is: No! Your husband will not be held responsible for your debt. Whatever debts you incurred before marriage will be your responsibility alone. But, if you jointly apply for a mortgage or a loan, BOTH of your credit ratings will be analyzed if you both apply together.
Community Property States
If you live in a community property state, debts incurred during the marriage to benefit the community (your family), such as credit cards used to purchase items which will benefit both spouses, are considered community property, and are therefore owed by both spouses regardless of whether or not both spouses are listed on the credit card. For example, if you lived in Washington State and incurred debt during your marriage, both you and your husband, as a marital community, could be sued to collect on the debt. If a judgment were obtained against you, both yours and your husband's bank accounts could be levied to enforce the debt.
However, even in community property states, many creditors do not go to the trouble of suing both spouses, as doing so tends to complicate the legal process involved in obtaining a judgment. For example, in California, most credit card companies only sue the spouse that actually opened the credit card account. If the creditor chooses to sue only one spouse, and thus obtains a judgment against only spouse who opened the card, the creditor can generally only levy or garnish the assets of that spouse. If you live in one of the community property states mentioned above, and have defaulted on a credit card debt in your name only, I encourage you to consult with an attorney to discuss the possible ramifications for both you and your husband. Since community property schemes vary widely from state to state, it is important to discuss your situation with a legal professional familiar with your states? marital property laws. If you would like to read more about community property in general, I encourage you to visit the Bills.com community property page.
If you would like more information about credit, please visit our credit resource page.
I hope this information helps you Find. Learn & Save.