Is a wife liable for her husband’s debts in Colorado

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Is a wife liable for her husband’s debts in Colorado

The husband has debts incurred before the marriage and now after the marriage the
creditors are attempting collections. Is the wife liable for the debts of the
husband? The wife has bought a house but the husband is not on the mortgage or
the deed. Can the wife’s assets, the house and her savings, be pursued by her
husband’s creditors to satisfy the husband’s debts?

Asked on July 9, 2018 under Family Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A spouse is not liable for her spouse's pre-marriage debts. 
Anything the non-debtor spouse solely owns cannot be reached by the debtor spouse's creditors. 
Anything which the debtor spouse co- or jointly owns with the non-debtor spouse could be reached by creditors and so is at risk. Creditors could not get the entire value of jointly owned assets, but could get that portion which was contributed by or belongs to the debtor spouse.


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