Will My Wife Inherit My Debt if I Get Remarried?

It is likely your wife will not gain your debt.

Community property and common law are two practices recognized by the United States. While only a handful of states recognize community property, the remaining states recognize common law. Each state recognizes one or the other but not both. Determine which law your state recognizes to determine the rules of debt for each state. Each law determines how your wife may inherit your debt upon marriage.

Separate Debt

In community property states, if the debt was made before the marriage, it is considered to be a separate debt of one partner and the other partner is not held accountable. In common law, the state determines that the debt of one spouse is his own. In both instances, the debt remains with the spouse that incurred it throughout the marriage, divorce and future marriages.

Joint Debt

Community property states determine that the debt of one spouse is equally the debt of the other. This is true in obtaining debt at the time of marriage. The separate spouse does not have to apply or put her name on anything to be held responsible for the debt of her partner. After divorce, both partners are responsible for this debt individually and it does not transfer to a new partner.

Remarrying

Regardless of whether your state recognizes common law or community property, your new wife will not take on responsibility of your debt unless she chooses to do so. In community property states, the new wife may choose to take on the new debt by adding her name to the account that holds the debt. If she chooses not to, or you live in a common law state, the new wife will not incur old debt.

Exceptions

Both community property and common law have exceptions to the rule of obtaining debt during marriage. Regardless of the state and law, any debt obtained to provide mutual benefits, such as shelter, groceries and other living expenses is the responsibility of both parties. Upon divorce, both parties still owe this debt. Remarriage does not transfer the debt to your new spouse; rather it keeps it between the previous partners.

Examples

If one spouse obtains a car loan on his own before marriage, the debt of his loan is solely his in both a common law and community property state. In a community property state, if the car loan was obtained during marriage, both spouses are responsible. In both instances, if you take out a loan to buy groceries, then both spouses are responsible for the loan. After divorce, none of the instances will be tied to your new wife if you decide to remarry.

References

• A. de Prado: Debt and Marriage: When Do I Owe My Spouse's Debts?