If I Marry Someone With Debt, Does It Become Mine?

If I Marry Someone With Debt, Does It Become Mine? was originally published on The Muse, a great place to research companies and careers. Click here to search for great jobs and companies near you.

For most couples, getting married means sharing everything—house, dreams, goals. That’s part of the joy! But when it comes to finances, the sentiment may not be the same, especially if there’s debt involved. Some might question, “If I marry someone with debt, does it become mine?”

Since debt can eat into your income, lower your credit score, and cause a lot of financial stress, it’s fair to feel uneasy about the possibility of being liable for someone’s debt. Even if this someone is your spouse.

Generally, you’re not responsible for your spouse’s debt after getting married. However, depending on where you live and how you choose to split finances, some responsibilities may end up falling in your lap. Here’s what can happen if you’re marrying someone with debt.

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First: If I marry someone with debt does it become mine?

No, it doesn’t. Any debt individually acquired before marriage—whether it’s credit card debt, personal loans, or student loans, for example—remains an individual obligation. Unless you want to share the responsibility and include the debt repayment in the family budget, you aren’t responsible for each other’s pre-marital debt.

But don’t just take our word for it: “Debt collectors cannot tell you that you are responsible for those debts,” says Julia Rueschemeyer, divorce attorney based in Massachusetts.

That said, if you cosign a loan for your partner or open a joint credit account, for example, you’re both liable, even if you didn’t use the money or benefited from it.

For example, let’s say your partner needed a loan to fix their car, but they had a low credit score and you cosigned the loan to help them out. In this case, the debt is legally a shared responsibility. If they don’t pay, both of you will be held accountable.

What happens with debt acquired during marriage?

For debt acquired during marriage, the rules are a bit different. According to Rueschemeyer, you’re usually protected from debt collectors if the debt is in your spouse’s name only. However, depending on what state you live in, you may be liable for some of your spouse’s debts—or at least a portion of it if you eventually divorce.

If you live in a community property state, any property in your name (note: legally the term “property” comprises debts and financial assets, as well as real estate and other tangible assets) belongs to you and your spouse equally. So, in that case, you would be liable for their debts.

If you live in a common law state, you might be responsible for debts that benefit both of you, or your family, equally. For instance, debts incurred to cover for housing, food, or college tuition for your children. But debts incurred in their name and that benefited them individually are not your responsibility.

Community property

In community property states, marital property (meaning, property acquired during marriage) is split equally between both spouses, which usually includes debt but excludes inheritance. That means you’d be responsible for your spouse’s debt even if you didn’t participate in the decision or cosigned it.

“So, even though a debt collector can’t harass you, property you take from the marriage is diminished by debts created by your spouse,” Rueschemeyer says. She ratifies that this rule applies exclusively to debt acquired during the marriage. “Pre-marital debts are not counted this way in community property states.”

Currently, nine U.S. states are community property states:

  • Arizona
  • California
  • Idaho
  • Louisiana
  • Nevada
  • New Mexico
  • Texas
  • Washington
  • Wisconsin

In Alaska, Florida, Kentucky, South Dakota, and Tennessee, couples are allowed to opt for community property if they meet certain criteria that vary by state. But that is optional. If you live in these states and don’t file for community property, you’d be under their common law rules.

Common law states

Common law states practice equitable distribution. Under equitable distribution laws, your partner’s property is split fairly but not necessarily equally. This means you don’t automatically become liable for all of your spouse’s debt, the same way you aren’t automatically entitled to half of each other’s assets. “In these states, there are a range of rules about how such debts are handled in divorce,” Rueschemeyer says.

In common law states you aren’t responsible for your spouse’s debt acquired during the marriage, unless you cosigned, took it together, or a joint account was used. Simply put, debts in their name are theirs, but debts that also have your name on them are yours, too—even if you didn’t directly benefit from them.

The only exception to this specific rule is debt that benefits both parties or the family. “If the debt was used for the benefit of the family, a judge in MA might order that both spouses are responsible for the debt when they get divorced,” Rueschemeyer says. “You can still lose assets to the spouse’s debt when you get divorced.”

Currently, all of the 41 U.S. states that aren’t community property practice equitable distribution. Since nuances of the law might vary by state, check your specific state laws and consult a family or divorce attorney.

Do you inherit your spouse’s debt when you get married?

When a spouse dies, you don’t inherit the debt they acquired individually before marriage. As for debt taken during marriage, the rules may vary between jurisdictions. “If a spouse with debt dies, different states have different rules as to whether assets go first to survivors or whether creditors are paid off first,” Rueschemeyer says. “You can lose part of your joint assets if the probate court puts creditors ahead of you in line.”

Still have concerns? Below, you’ll find answers to common questions about marriage and debt.

FAQs

Will marrying someone with bad credit affect mine?

No, it will not. Your credit reports and credit histories don’t merge when you get married, according to credit bureaus Equifax and Experian. Your credit score is only affected by your spouse’s financial habits if you file for loans jointly or if they’re an authorized user on a joint credit card account, for example.

How do I protect myself from my husband’s debt?

Asking for a prenup agreement and keeping your finances separate are measures that can protect you in the future. “Think about drafting a prenuptial agreement outlining individual debt liability,” says Martin Gasparian, owner and attorney at Maison Law in California. “Keep money separate—that is, keep separate accounts and don’t co-sign for your spouse’s loans. See a lawyer or financial adviser to learn your rights and obligations.”

Does debt consolidation affect your spouse?

Debt consolidation won’t affect your spouse if you didn’t take out the loans jointly. However, in case of divorce or death, your spouse can be liable for some of your debt, depending on state laws.

If I marry someone with tax debt does It become mine?

Technically, yes, but only if you file jointly. “If you and your spouse file ‘married filing jointly,’ you will not be able to get any refunds until the tax debt is paid off,” Rueschemeyer says. “So even if you overpay your taxes, creating a refund, that refund will be intercepted by the IRS if your spouse has an existing tax debt.”

Not filing jointly is the best way to prevent your spouse’s tax debt from affecting you. “A solution to this is to file ‘married filing singly;’ then you will get your refund even if your spouse has tax debt and cannot get a refund,” Rueschemeyer says.

If you marry someone with child support debt does it become yours?

Debt incurred pre-marriage is usually an individual responsibility, including child support debt. “The person who acquired child support still bears responsibilities; it does not pass on to the spouse,” Gasparian says.

However, if you live in a community property state, things can get tricky. “Your combined assets, such as joint bank accounts or tax refunds, may be subject to garnishment to pay off these debts,” he adds. “Think about separating your accounts and speaking with a legal professional on asset protection techniques to guard your valuables.”