Legal Question in Credit and Debt Law in Pennsylvania

marriage debt

My husband & I have no common debts,no joint accounts and the house is in my name only. Is there anything I can do to protect myself from having to pay his debts if anything happens to him(death). I have execellent credit, his stinks.


Asked on 1/13/07, 10:08 am

1 Answer from Attorneys

Matthew Nahrgang Nahrgang & Associates, P.C.

Re: marriage debt

There is a little known and used provision of the domestic code which provides that a spouse is liable for a spouse's debts for necessities. You cannot avoid that, however unlikely that is. As a practical matter, as long as his debts do not have your name on them, your credit will remain intact and you will not be liable for his debts.

That view would change in the event of a divorce. In a divorce, generally all debt is considered marital debt. That means he would receive credit for paying that debt.

I trust this answers your questions but feel free to call or E-mail with any others.

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Answered on 1/15/07, 11:50 am


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