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- Examine which spouse is responsible for debts incurred before marriage.
- Review how living in a community property state can affect financial responsibility.
- Keep assets separate, if one spouse is threatened with collections.
When I get married will my husband have to pay on any of my prior outstanding bills?
When I get married will my husband have to pay on any of my prior outstanding bills?
Thank you for your question about the debts you brought into your marriage and your spouse’s responsibility to pay them.
Is My Spouse Responsible for Debt I Incurred Before Marriage?
Two quick contradictory answers:
- No, your spouse is not responsible for your pre-marital debt if you reside in a common law state
- Maybe, if you reside in one of the 10 community property states
| Community Property States |
|---|
| Alaska* |
| Arizona |
| California |
| Idaho |
| Louisiana |
| Nevada |
| New Mexico |
| Texas |
| Washington |
| Wisconsin |
| * Optional |
Source: Bills.com
Let us tackle the easy answer first. If you reside in one of the common law states, whatever debts you incurred before marriage will be your responsibility alone. Of course, if you apply for a joint mortgage or a loan, the lender will analyze both of your credit ratings.
Community Property States
The answer to your pre-marital debt question is more complicated if you live in a community property state.
In community property states, 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. The details of the "debt during marriage" rule vary by state.
Pre-marital debt in community property states is much more complicated. Some states (California, Idaho and Louisiana) allow a judgment creditor to collect a debt from both spouses’ community property, but not their separate property. Other states (New Mexico and Washington) allow a judgment creditor to collect from 50% of the spouses’ community property. Still other states — Nevada is one — place a very high burden on a judgment-creditor to show the non-contract-signing spouse has liability for the debt.
Follow the links in the "Community Property States" table to learn the pre-marital debt rules for your community property state.
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I hope this information helps you Find. Learn & Save.
Best,
Bill
Dealing with debt
If you are struggling with debt, you are not alone. According to the NY Federal Reserve total household debt as of Quarter Q4 2023 was $17.503 trillion. Student loan debt was $1.601 trillion and credit card debt was $1.129 trillion.
A significant percentage of people in the US are struggling with monthly payments and about 26% of households in the United States have debt in collections. According to data gathered by Urban.org from a sample of credit reports, the median debt in collections is $1,739. Credit card debt is prevalent and 3% have delinquent or derogatory card debt. The median debt in collections is $422.
Each state has its rate of delinquency and share of debts in collections. For example, in Nebraska credit card delinquency rate was 3%, and the median credit card debt was $463.
While many households can comfortably pay off their debt, it is clear that many people are struggling with debt. Make sure that you analyze your situation and find the best debt payoff solutions to match your situation.
