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  Chapter 10
  Family Issues
  Community Property
  Authorized Users
  Marriage as a Reckoning
  Secrets are Not a Good Sign
  Divorcing Into Bankruptcy
  Creditors May Not Care
  You Do Have Recourse
  A Better Way to Break Up
  Establish Your Own Credit
  Helping Family Members
  The Promissory Note
  Conclusion
  Previous Chapter
  Next Chapter
  Contents

 

Community Property

Some states in the United States have community property laws. In these states, each spouse is liable for the other’s debts, period. The only major exception is the purchase of real estate; both spouses’ signatures are required on real estate loans and transactions. On all other credit accounts, in a community property state, you can be held liable for debt you never even knew existed.

Community property states are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

If you don’t live in a community property state, you’re less at risk for your spouse’s debts. It all comes down to what sort of accounts your spouse has: joint or individual.

When you apply for credit, whether a mortgage or a credit card, you must select whether it will be a joint or an individual account. If your spouse has opened an individual account, his or her credit alone was considered by the creditor, and your spouse alone is responsible for making good on the account.

If you open a joint account, both of your credit histories are considered, and both of you are liable.

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