 TITLE: Till Debt Do Us Part? How Marriage Affects Debt CONTENT: Whose Debt Is It, Anyway?\n-------------------------\nExactly how spouses share responsibility for debts taken on after marriage depends in part on state laws, and in part on the type of debt you take on after your wedding day.\n### Debt in Community Property States\nIf you live in one of the nine community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin) or Alaska, where newlyweds can opt in to community property rules (but seldom do), debt assumed during your marriage is understood to be \"community\" responsibility, with each spouse under equal obligation for repayment. No matter whether both spouses agreed to the debts, or even whether both knew about them, both are equally responsible to cover them.\n### Debt in Common-Law States\nIf you live in any of the other states, or choose not to opt in Alaska, your marital debt will follow common-law rules, which allow spouses to take on debt as individuals even after marriage. Common-law rules also allow for spouses to maintain separate bank accounts, borrow money as individuals, get car loans and credit cards accounts individually, and assume other debts individually.\nCommon-law rules assign joint spousal responsibility for debts that benefit the couple and their family equally, such as food and clothing or rent on a shared apartment. They also distinguish between debts applied for individually, by one spouse or the other, and debts applied for jointly, by both spouses together.\nIndividual debt, including credit card accounts and loans, must be in the name of one spouse only, which means the credit application reflects only that spouse's credit score, income, employment history and so on. Whichever spouse's name is on the account is generally held responsible for repaying it. Put another way, the spouse whose name _isn't_ on the debt is protected from having to cover it.\nJoint debt may be incurred during marriage in a common-law state if both spouses apply for a loan or credit together. In that case, both spouses' credit scores are considered in the lending decision, along with both spouses' incomes and assets. If both spouses' names appear on the loan (mortgage contract, credit cardholder agreement, auto loan note, etc.), both are equally responsible for repayment under common-law rules. END