Marriage and Debts in Minnesota

No. You are not responsible for debts your spouse took on without you before you got married. This is true even if the debt has to do with something you use - like if your spouse owns the house you now live in. All the debts your spouse brought into the marriage are theirs alone.  

The same is true for you. The debts you had before the marriage are your responsibility and your spouse can’t be forced to pay them. 

If you and your spouse take out a loan together, you are both responsible for paying it back. It doesn’t matter who uses the money or gets to keep the item bought with the loan. If both names are on the debt, both of you are responsible. 

If you and your spouse take out a credit card together, then you are both responsible for all of the purchases made with it. You are responsible for a joint card even if you disagree with or don’t know about things bought with the card.   

But, an “authorized user” is different. If you have a credit card and make someone an “authorized user,” then you are responsible for the debt, not the “authorized user.” 

If you get divorced, you are both still responsible for the loan even if the things are kept by only one of you. 

If your name is on a debt you are responsible. If you have a shared debt with someone and they stop paying, you need to keep paying the whole thing to protect your credit. You can try to get this money back from an ex-spouse if your final divorce papers from the court say that your spouse has some responsibility for the debt. Keep proof that you made the full payments.  

If there is nothing about the debt in the divorce decree you can try getting some of the money back in conciliation court, but it can be hard to do. See our fact sheet, Conciliation Court.  

There are times when you don’t have to pay for debts that don’t have your name on them. For example, if your spouse gets a loan for a motorcycle in their name only, you are not usually responsible unless you want to be given ownership of the motorcycle. 

If you are separated or no longer live together, you may not be responsible for your spouse’s medical or household expenses that come up after you separate.  

You are still responsible for debts that came up while you were living together. For example, if your spouse needed medical care twice, once while you were living together and once after you separated, you may only be responsible for the first bill, but not for the second.  

But remember: the divorce decree only affects the two of you, not the creditor. If your name is on a debt, the creditor can sue you even if the divorce decree says your ex-spouse has to pay the debt.  

If you end up paying a debt the judge said your spouse was responsible for, go back to the court and ask them to enforce the decree. Show the court a copy of your divorce decree and proof that you paid the debt. Receipts or cancelled checks are good proof.  

As of January 1, 2024, a new Minnesota law has a way to help. If you didn’t know that your spouse used your information to do something like get a credit card in your name, OR if your spouse forced you or threatened you into taking out the debt (this is called economic abuse) there is now a way to ask a court to not make you pay it. You must be a victim of domestic abuse, harassment, or sex or labor trafficking to be able to ask for this relief.     

You must let the creditor know in writing and give them documents that explain the situation and show why you are not responsible. These might be things like:  

You can ask the court to excuse you from the debt or make your spouse responsible for it. You can also ask the court to keep the file confidential if you need that to stay safe from future abuse.   

This law doesn’t apply to secured debt. Secured debt is debt with “collateral.” Like a car that can be repossessed if you don’t make payments or a house that can be foreclosed on. It also only applies to new debts that happen on or after January 1, 2024. You can’t use it for old debts before then.   

The judge also decides what happens to “real property” you or your spouse bought during your marriage. Real property is land and buildings, like a house. You both have a right to at least part of any real property purchased during the marriage, even if it is only in one name. If you want to keep the property the judge might make you responsible for the mortgage, taxes, and repairs for the home. 

Before you sign divorce papers, make sure you understand what money is owed on any real property that is in your spouse’s name only. You and your spouse can agree about who keeps all rights to the property in the divorce. If you don’t agree, the judge makes the final decision.  

If you don’t want to be responsible for the money owed on the property, you might not want to claim your share of the property. Tell the judge. You and your spouse can agree that they will keep all rights to the property in the divorce. If you don’t agree, the judge makes the final decision.  

If a creditor contacts you saying you have to pay a bill that is in your spouse’s name, ask what the debt is. If it is not a household debt or a medical debt that happened during the marriage, tell the creditor that Minnesota law says you do not have to pay these kinds of debts. The best way to protect yourself from this is to be sure to list all debts in your divorce papers. Make sure the final divorce decree lists them all and says who is responsible for them. 

Watch Out: if you make payment on a bill that is not yours at the time, you might be held responsible for the whole debt later on.  

Different states have different laws. A bill collector in another state may not know Minnesota law. Ask the creditor or bill collector to send proof that you are responsible for the debt. Proof could be a bill showing the debt is for medical care or a necessary household item. Proof could also be a document signed by you agreeing to pay the debt. 

If a lawsuit is brought against you, make sure to “Answer” the court papers. See our fact sheet What to Do If You Are Sued.  

Ignoring papers could lead to a court order saying you have to pay the debt. Tell the court about the Minnesota law and explain that your spouse’s debts are not related to medical or household expenses or that you were not living with your spouse when the debts happened.  

You can create an “Answer” online at www.lawhelpmn.org/forms  

If you lived in another state, Minnesota law does not decide who is responsible for debts that happened somewhere else. Look at the laws of the state you moved from to find out if you are responsible for any of your spouse’s debts that happened when you lived somewhere else. You can be forced to pay a debt here in Minnesota if a court in another state rules that you both owe on the out-of-state bill.   

Keep complete financial records. Keep track of what you own and what you owe and don’t owe. Keeping good records can help you keep your debt under control, and it can also help you show creditors what debts you are not personally responsible for.