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  1. #1
    Join Date
    Jan 2009
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    2

    Default Responsibility for the Spouse's Debt

    My question involves collection proceedings in the State of: Indiana

    Am I responsible for my husband's debt he incurred during our marriage? It’s a loan on his name only.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Responsibility for the Spouse's Debt

    Quote Quoting angel35
    View Post
    My question involves collection proceedings in the State of: Indiana

    Am I responsible for my husband's debt he incurred during our marriage? It’s a loan on his name only.
    Do you mind my asking if your husband is deceased? If not, are you divorced or still married?

    Was the loan incurred solely for himself (for his benefit only)? I realize it's in his name only & that In. is not a community property state.

    Thank you.

  3. #3
    Join Date
    Jan 2009
    Posts
    2

    Default Re: Responsibility for the Spouse's Debt

    Thank you Betty. No he is not deceased, we are still married. It's hard to tell what he used it for, I guess living expences, mostly his. What does it mean that Indiana is not a community property state?

    Thank you.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Responsibility for the Spouse's Debt

    Some states are community property states where each spouse is responsible for the other spouse's debts incurred during the marriage. In. is not a community property state.

    There is also a "doctrine of necessaries" which can make (even in a non-community property state) a spouse responsible for the other spouse's medical debts or even their credit card debt (for example) if the credit card was used for "necessaries" for both spouses. Based on your post, I don't believe this applies.

    However; if he doesn't pay the loan & is sued in court & a judgment rendered against him, they can seize all non-exempt assets of his that your state allows + any joint assets (any assets with his name also on them). Your individual assets should be safe though.

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