Are spouses legally responsible for one another's debts her?

If so, are there limitations on this? (For instance, if the debts were incurred prior to the marriage…? If assets were not comingled…? If there is a prenup…? that sort of thing.)

I asked about this on the legal boards, and got zip. Weird, since this seems like a topic that would come up more often…

100% guess coming here. i think the answer is no. you can’t even have a joint bank account here. it seems cash assets are held seperately, surely debts are as well?

Legally the spouse is not responsible for it.

Thanks, but…you mean ever?

For instance, what if the Mrs goes on a spending spree with her own credit cards. Can’t the creditors go after the Mr.? Would it matter if they co-mingled some assets? What if the Mrs. gave money (or a car, or a house) to the Mr. before declaring bankruptcy? Surely that can’t be allowed…?

[quote=“Screaming Jesus”]Thanks, but…you mean ever?

For instance, what if the Mrs goes on a spending spree with her own credit cards. Can’t the creditors go after the Mr.? Would it matter if they co-mingled some assets? What if the Mrs. gave money (or a car, or a house) to the Mr. before declaring bankruptcy? Surely that can’t be allowed…?[/quote]

Legally, if the Mrs has the credit cards under her own name then leaves the country with debt on every card, the Mr is not responsible.

Legally, if the Mrs has a house under her name, then leaves the country with mortgage on the house and the Mr is living in the house, the bank can seize the house (I don’t know the legal term for that). If the Mrs dies and the Mr is the heir and is living in the house with mortgage owing on it, he most likely would sell the house to pay back the bank.

You are not legally responsible for any debt of your ex’s. However, if you are co-signer or such, you will be.

You are not legally responsible for any debt of your ex’s. However, the people your ex owes debts to will most likely come after you and your family via “debt collection agencies.” (Hence you see on the news of harassment, torture, killings, kidnappings, etc.)

And this would still be true if the Mrs was a current, rather than an “ex”…?

If so, then this seems like a recipe for rampant financial fraud.

Imagine that the Mrs runs up the credit cards, but doesn’t flee the country. Assume the house is in husband’s name. According to you, husband should be safe from creditors (except for the baseball-bat wielding variety).

But what if the Mrs. ran up the credit cards, took out huge cash advances, and used that money to BUY a house (or whatever)–and put in in hubby’s name. That can’t be legal…can it?

In that case the creditors would have to prove the debt Mrs incurred went to buy Mr’s house.

No person can be held responsible for another’s debt unless said person has co-signed. The creditors cannot make a claim against a joint asset unless they can prove how much of it belongs to the debtor, and then they can only claim that much.

If a person dies, their estate’s assets must be dispersed in this order: Funeral, debts, heirs.

It all depends on what the local law is…I’m not real familiar with Taiwan law, but I was under the impression that the Taiwanese spouse is responsible for all debts. I personally know a Taiwanese woman who lost everything after her husband died and left a mountain of debts.

Anyway, this is the situation in California:

[quote]After AB 205 goes into effect on January 1, 2005, you will be responsible for any debts incurred by your partner from the date you first registered as domestic partners with the State of California. For example, if you and your partner registered as domestic partners on February 1, 2001 and your partner incurred $10,000 of debt between February 1, 2001 and February 1, 2005, you are equally responsible for the $10,000 of debt – even if you later dissolve the partnership. If your partner dies, you are fully responsible for her/his debts.

If you and your partner do not want to be jointly responsible for each others