Legal Question in Credit and Debt Law in Georgia

Is a wife responsible for husbands debts eve though she did not sign any documents?


Asked on 3/24/14, 7:50 am

1 Answer from Attorneys

No in most cases (like for a credit card debt). The exception might be for a "necessary" like hospital/medical debt (although that appears to have been abrogated by GA law if the debt is in GA). If the husband dies, the wife may be indirectly liable in the sense that these debts would be claims against the husband's estate. Claims have to be paid first before the heirs get anything other than the yearly allowance paid to the spouse.

There are many other considerations so just saying the wife is not liable does not end the discussion. What assets does husband own? How are they titled? What about bank accounts? Having a joint account between husband and wife places money at risk if the husband owes debts and his creditor gets a judgment against him.

I help clients resolve/manage debts in a non-bankruptcy/non-litigation context. If this is something in which husband is interested, please have him contact me at [email protected] for an evaluation of his situation. Otherwise, husband should consult an attorney if he is sued or a bankruptcy attorney if he is thinking about filing bankruptcy. Doing nothing is not an option in most cases.

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Answered on 3/24/14, 12:42 pm


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