Legal Liability

• In most cases, a credit card company cannot pursue an individual for someone else's credit card debt -- even a spouse. Only the cardholder is responsible for repaying the credit card company. If she does not do so, the credit card company has the right to file a lawsuit and report the unpaid debt to the credit bureaus.
  
  

Special Circumstances

• One scenario in which a husband could be liable for his wife's credit card debt is if the couple resides in a community property state, such as Nevada, California or Texas. If you live in a community property state, any debts your wife incurred during your marriage are your responsibility as well as hers -- regardless if her name is the only one on the credit card.
  
  Each community property state's regulations differ regarding which debts are and are not the legal responsibility of both spouses. An attorney licensed in your state can help answer any questions you have about your state's specific community property laws.
  
  

Co-Signers

• Consumers who cannot qualify for credit cards on their own due to poor credit or a low income can sometimes qualify with a co-signer's help. A co-signer signs an agreement with the creditor pledging to pay off the debt if the primary applicant does not.
  
  If you co-signed your wife's credit card, you are legally responsible for repaying the balance. The fact that the account does not legally belong to you or that you do not have a credit card in your own name connected to the account does not eliminate your legal liability for the debt.
  
  

Divorce Decree

• Even if the credit card is not in your name, you do not live in a community property state and you did not co-sign for the account, you may still be responsible for the debt if its assigned to you during a divorce. Couples often decide amongst themselves which partner accepts responsibility for paying off which debt. If they cannot reach an agreement, a judge or professional mediator will often step in. If the judge assigns you your wife's credit card debt in the divorce, this does not change the original agreement your wife held with the credit card company. The debt remains in her name, not yours. Should you fail to pay off the account as agreed, however, the judge can hold you in contempt of court.