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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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