If I have a loan in my name and moved from a community property state to a non-community property state, is my wife also responsible for this debt?

My wife has lived in the community property state for about a year or more.

Asked on February 15, 2015 under Bankruptcy Law, Montana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the debt was incurred during marriage, it is community property and both you and your wife are responsible for the debt.

If the debt was incurred prior to marriage, it is your separate property and your wife is NOT responsible for the debt.

If the debt was community property (incurred during marriage in a community property state), moving to a non-community property state does not alter its status because a debt follows the debtor.


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