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Many couples believe that after saying ‘I do’, their partner’s debt becomes shared. For existing debt, this is not the case. If one person comes into a marriage or defacto relationship with debt, it remains in their name throughout the partnership. While some couples will choose to pay this debt off together, there is no legal obligation to do so.


What happens to debt incurred after marriage?

If one partner incurs a debt after nuptials, it will usually remain the responsibility of the partner who’s name is on the loan. There are, however, three ways in which the spouse may become responsible for the debt. These are three circumstances which could make you responsible for your partner’s debt:

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1. If You Sign as a Guarantor for a Loan.

A guarantor can be used by a lender to sign a loan, often when the borrower is deemed likely to fall through on their debt. A guarantor can be held responsible if the borrower does not pay their debt. As a guarantor, your assets are on the line if the borrower defaults on the loan. If a guarantor fails to pay, they can be sued for the money owed. Before signing as a guarantor on a loan, it is recommended that one seeks legal counsel.

2. If You Enter a Contract as a Party.

If you sign a contract such as a mortgage with your partner, as a co-borrower, you are responsible for paying back the loan. A typical contract will have partners borrowing jointly, which means that each party will be liable for the full amount (instead of half each). This means that the lender can go after one party individually for the entire amount if the loan repayments fail to be made.

3. If Your Partner Signs a Contract as Your Agent.

This is often the case if you are in business with your partner. If you are in business together, it can be understood that if one party signs, the other party is also liable. This can mean that your partner can sign contracts on your behalf, making you liable. It is important to make all parties aware if you do not with this to be the case when entering contracts with other businesses.

If you are concerned about sharing debt with your partner, ensure that you think carefully before entering into any of these decisions. Always seek legal counsel before signing as a guarantor, co-borrower, or are having someone sign on your behalf.

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Debt After a Relationship Ends

If a marriage or defacto relationship ends, the above rules continue to apply. Any debt incurred by one partner during the relationship will remain theirs alone. The only time you could be liable for a partner’s debt following the ending of a relationship is in the case of the three situations listed above.

Sharing the Burden of Debt

Coming clean about your debt to a friend or family member can be difficult. Being honest with a partner can be even harder, but can assist by lifting some of the mental burden. While debt brought into a marriage is not legally shared, it can still put a strain on to a partnership. Being honest with your partner in some cases could remove some of the strain and stress from your debt. While it can be a challenging to be open about debt and financial struggles, a problem shared is a problem halved.

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