Key takeaways
- If you’re a joint cardholder on a credit card account or you’ve co-signed for a credit card with your spouse, then you’d be liable for any debt incurred with the card.
- If your spouse is the sole cardholder and you live in a common law state, then you likely wouldn’t be held liable for their credit card debt — but you could be liable if you live in a community property state.
- Regardless of where you live, a court might also decide that you’re liable for your spouse’s credit card debt during divorce proceedings.
You may have pledged to take your spouse for better or worse when you married, but does that mean you are responsible for their credit card debt?
If you have the urge to merge, you should also be on the same page as your partner about your finances and hopefully avoid cases of financial infidelity. Financial infidelity can encompass several types of money secrets, but hiding debt from a partner is a common one. More than 4 in 10 (42 percent) U.S adults who are married, in a civil partnership or living with a partner say they’ve kept or are keeping financial secrets from their partner, according to Bankrate’s 2024 Financial Infidelity Survey. When it comes to the types of financial infidelity that those adults have committed, 18 percent admitted to having a hidden credit card.
But even for those couples who typically keep their finances — including their credit cards — separate from each other, there are cases in which you may still be held responsible for your partner’s debts. We break down why you might be liable for your spouse’s credit card debt and what to do about it:
What the law says about credit card debt liability
Whether or not you can be held liable depends on which state you reside in and your contractual obligations. Most U.S. states fall into the category of “common law” property states. In these 41 states, any assets acquired by one spouse belong solely to them.
On the other hand, in the nine states under “community property law,” assets acquired in the course of a marriage — as well as debts — belong to both spouses.
Debt liability in common law states
Common law property states regard property acquired by one spouse as belonging to them alone. However, if you are both named as owners, the property would belong to both of you. A common example of this is when a couple adds both of their names to the deed of their home, even if only one of them paid for the down payment.
If your spouse owns a credit card that is solely in their name, you are not liable for their debt. But creditors do have recourse to your spouse’s share in any assets that you own jointly with them. So, even though they can’t force you to pay for your spouse’s bills, they can target assets that you both own to make up for it.
And if you are part of a joint credit card account, both of you will be liable. You would also be liable if you co-signed the account for them. However, if you are merely anauthorized user on your spouse’s credit card, you will not be held liable for their debt.
Debt liability in community property law states
The nine states that operate under community property law are:
- Arizona
- California
- Idaho
- Louisiana
- Nevada
- New Mexico
- Texas
- Washington
- Wisconsin
In these community property law states, assets acquired by any partner during the marriage are considered community property — with some exceptions, such as inheritances or assets protected by a prenuptial agreement (also known as a prenup).
If debt is incurred in the course of the marriage, it could be considered a community debt for the benefit of the marriage for which you would be held liable too. However, if you are separated from your spouse and they then proceed to rack up debt, you wouldn’t necessarily be held responsible for such debt. Each situation is different, though, and if the state decides that this debt was incurred to benefit the marriage, you might still be held liable with your spouse.
In addition, you would be liable for credit card debts if you are a joint account holder orco-signer on the account.
Are you liable for credit card debt during a divorce?
If you go through a divorce, a court could assign debt to you that you were not originally liable for per the contractual terms of a credit card agreement. For instance, even if you are not a joint account holder and not liable per the card agreement, you could still be ordered by a judge to cover the card’s outstanding debt.
You would then be responsible per the court’s assignment topay off the debt assigned to you. If you don’t pay off this debt, while the card issuer cannot hold you responsible, your spouse could still sue you for disregarding the court order.
If your ex-spouse alsofiles for bankruptcy, the bankruptcy court could discharge some of their debt. If it is a joint account, you would still be responsible for the outstanding debt.
Are you liable for credit card debt if your spouse passes away?
When your spousepasses away, on the other hand, you are generally only liable for their credit card debt if you are a joint account holder or co-signer on the account. However, theexecutor of the estate could tap into property that you owned with your spouse to pay off any debt due, depending on your state law.
Debt collectors generally cannot contact you about a dead spouse’s debts unless you are a co-signer or joint account holder or otherwise responsible for the debt. A dead spouse’s debt also should not impact your credit standing unless you were responsible for it.
How to avoid becoming liable for your spouse’s credit card debt
The best way to avoid becoming responsible for your spouse’s credit card debt is by understanding your state’s laws and doing what you can to protect yourself. That might include creating a prenup or postnup that details how you’ll both handle debt or by working with a lawyer who specializes in debt collection issues. You should also proceed with caution if you’re thinking about opening up a joint credit card or cosigning on a card.
You might also be able to avoid credit card issues in general by having frank, honest conversations with your spouse about finances. How should you split your finances? What should be your overall monthly budget? How will you tackle any current debt and future debts? If you’re not sure where to begin, a financial counselor might be able to help.
Keep in mind: If the liability of your spouse’s credit card debt becomes part of a lawsuit or part of divorce proceedings, then even with protections in place, it will ultimately be the court’s decision.
Learn more: What to do when you get sued for credit card debt
The bottom line
You are generally not responsible for your spouse’s credit card debt unless you are a co-signer for the card or you’re a joint cardholder on the account. However, state laws vary, and divorce or the death of your spouse could also impact your liability for this debt.
Regardless of the circ*mstances, if you are concerned about your liability for a spouse’s credit card debt, you should have an open and honest discussion about your finances with your spouse or seek the advice of a financial counselor. It’s also a good idea to keep track of your credit reports to understand your own credit standing and any active joint accounts. Checking over each other’s credit reports can also be a good way to keep track of potential issues and talk about them with your spouse before they get too big.
