Legal Question in Credit and Debt Law in New Jersey
Is a wife responsible for husbands debt.
Is a wife responsible for credit card or hospital debt if it is in husbands name alone?
3 Answers from Attorneys
Re: Is a wife responsible for husbands debt.
Debt incurred during a marriage is marital debt on most occasions, so yes, she would be.
Re: Is a wife responsible for husbands debt.
There is no statute that spells it out in detail but the general rule is that spouses are responsible for expenes incurred by the other for the necessities of life such as things like food, shelter, clothing and the cost of medical care.
You don't give details of your situation but this rule of law requires a creditor to first attempt to obtain payment from the spouse who incurred the expenses. The cases in which creditors have been succesful most often are those involving a disabled spouse who can't support himself/herself.
The courts are not as sympathetic if a creditor wanted to come after you because your husband just refuses to pay, went bankrupt, committed fraud or the like. Each case is decided on it own facts and the reasonable expectations of those involved along with equitable principles of and fairness under all the circumstances.
Re: Is a wife responsible for husbands debt.
You are not primarily liable on credit card debt that is your husband's in NJ. If he is the only "cardholder" (person that signed for the account) then that is his debt. The credit card company (or their lawyers) could try pursuing you for individual charges on the credit card if they were for necessaries like food, rent, or medical bills. However that is highly unlikely.
Under the theory of necessaries, each spouse is liable for the others medical debt during a marriage.