Am I responsible for my husband’s debt if it does not have my name connected to it?

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Am I responsible for my husband’s debt if it does not have my name connected to it?

The debt was his before we were married.

Asked on April 1, 2012 under Bankruptcy Law, Alabama

Answers:

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

Answered 9 years ago | Contributor

If you live in a community property state, community property is property acquired during marriage.  This also includes income and debts during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  This also includes income and debts before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

Since your husband's debts were incurred before marriage, they are his separate property and you are not liable for those debts.

If you don't live in a community property state, other rules may be applicable.


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