Legal Question in Credit and Debt Law in Pennsylvania

In the states of PA and NY how does one spouse's bad credit and defaulted student loans affect the other spouse?

Is there any way one spouse can COMPLETELY shield themselves from the effect of the other spouse's bad credit?

Asked on 6/09/13, 6:53 am

1 Answer from Attorneys

Why is there a need to do so? Neither PA nor NY are community property states. What that means is that if one spouse defaults on a debt that is only in that spouse's name, then the creditors come after the debtor spouse. The non-debtor spouse is not liable for the debtor spouse's debts. The exception might be for a necessary like medical debt. Student loans are the same. So unless the other spouse is made a party to the debts, he/she is not liable.

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Answered on 6/10/13, 12:24 am

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