“Can a one spouse be held liable for the other spouse’s debts?”

Maybe. A marriage is a legal partnership where rights and responsibilities often intertwine (I know, how romantic). If the debt is incurred during the marriage in a community property state (like California), then that debt would be a debt owed by the community - both you and your spouse. Upon dissolution of marriage in an equitable distribution state, it may be possible that the entire debt would go to the spouse incurred the debt. Additionally, also in dissolution, if the debt was incurred in some way that violated one spouse’s fiduciary duty to the other, there may be an argument to confirm that debt to one spouse. Even if the debt was incurred before marriage and that debt is a separate property debt, it may feel like it is owed by both of you if your spouse is getting sued. However, if it is a separate debt, then the creditor may not be able to get to the other spouse’s separate assets to satisfy it.


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.