4

So if you divorce, you would own half of their debt?

1
  • 2
    What state are you asking about? It can vary quite differently depending.
    – BruceWayne
    Commented Aug 27, 2022 at 23:54

1 Answer 1

6

Even in a community property state like Washington, a person is not liable for the premarital debts of a spouse (but is responsible for postmarital debts). During the marriage, jointly-owned property is accessible to creditors, but after divorce, there is no risk to the non-debtor. Though, you would be responsible if you were a co-signer on the loan.

1
  • 3
    In many states, only the debtor's interest in jointly owned property would be accessible to creditors. And, in states like MA that have tenancy-by-entirety joint ownership, tenancy-by-entirety property would not be subject to the debt of a single spouse that was not co-signed.
    – ohwilleke
    Commented Aug 27, 2022 at 15:57

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .