In a married couple if one individual has a debt are they both legally bound to pay this debt?
2 Answers from Attorneys
If the debt is solely in one spouses name the other spouse is not legally obligated for the debt unless they have agreed to be. However, some assets of the debtor could be in danger of garnishment which usually does impact the spouse. Keep in mind, most assets held jointly by both spouses are usually not subject to garnishment if ownership of the asset occurred simultaneously.
Debts aquired during a marriage are often considered joint marital debt. A common example is a student loan acquired during the marriage is usually joint marital debt.