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Debts of the Spouse

Quick Facts

You are not liable for your spouse's debts unless you are a "co-owner" of the debts.
Property you own cannot be used to pay your spouse's debts.

If a title interest in real property is held individually by only one spouse, the interest in the real property of the nontitled spouse is not subject to claims of creditors, judgments, or tax liens until the time of entry of the decree awarding an interest to the nontitled spouse.

Example: You hold sole title to your residence. Your spouse (soon-to-be ex-spouse) has debts for which you are not liable. Your spouse's creditors cannot come after your residence to pay for your spouse's debts. However, if the court grants your spouse an interest in the residence in the judgment and decree, then the residence may be used to settle your spouse's debts.

Debts that your spouse might owe of which you are not liable might include student loans that your spouse incurred, unless you co-signed the loans. If your spouse holds a credit card, and your name is not on the account either as a co-owner or signatory, then you should not be liable for those debts incurred on the credit account.