Debt Liability

  • Usually, you don’t have to pay your spouse’s debts unless you signed a contract or applied and signed for a credit card or other loan with them. But sometimes, if your spouse is acting for both of you, you might have to pay. For example, if your spouse got needed things like medical care and can’t pay, you might also be responsible for those debts, although the creditor will look first to the spouse who has more ability to pay, and only to you if your spouse can’t pay the debt themselves.

    Home or land debts may be different. If you and your spouse own a home together, and both of your names are on the deed, neither of you can sell or borrow against a shared home without the other’s okay. If both spouses sign a mortgage or other loan with both of your names on it, that means that both of you can be sued and both of you owe on that shared debt.

    But if you or you spouse have a house or land with just one of your names on it and the spouse who owns it is sued, so long as you are still married, the bank or other creditor won’t be able to sue you or take the house.

  • Parents may have to pay for their child’s basic needs like food or medical care. They do not have to pay for extras. If a child does something bad on purpose, like injuring someone or destroying or damaging another person’s property, the parent may have to pay up to $5,000 if they live together with that child.

  • If you co-sign a loan, you are promising to pay if your friend doesn’t. You might also have to pay court costs or lawyer fees. Even if you sue your friend to pay you back, they might not have the money. The law says lenders must warn you in writing about this before you co-sign.

  • Sometimes. If you bought something at home, not at a store, you might have three days to cancel. If the contract lets the seller take your house if you don’t pay, you also get three days to change your mind. Other contracts only give you that right if it's written in them.

  • Yes. If your payment is less than what you agreed to, they can still sue. Even if they take small payments for a while, they can still use the old terms unless they agree to new ones in writing.