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Who is responsible for debts?


You are not responsible for any debts of your spouse which were incurred before the marriage nor or you responsible for repayment of a debt incurred by your spouse after the marriage, except to the extent the debt is for necessaries. Necessaries include those things required for survival, including reasonable food, clothing, and shelter.

A spouse who is only an authorized user of a credit card is ordinarily not liable for any debts where that spouse has not signed the application for credit, unless the credit was used for furnishing necessaries or the charges were incurred by the authorized user.

Debts which are incurred during the marriage will be shared equally. If there is debt associated with a particular item of property, the spouse receiving the property will generally be responsible for the debt associated with that property.

If a spouse is involved in a lawsuit stemming from an accident or injury, the other spouse is not normally liable for any injury or damages caused to another by his or her spouse. The one exception is where the spouse would be liable regardless of the marriage.

A person injured in an accident is treated no differently than any other creditor. If only one spouse is liable to the injured person, then the injured person must seek recovery from property held by that spouse individually or be limited to that spouse’s right of survivorship in property.