Dennis Gaviola

Article (news)

Aneth Ng-Lim

<p>Let’s round up our money and love series with one of the burning questions on people’s minds when they discover their partner owes money:  “Am I going to have to pay for it?”</p><p>I wrote about this a year ago after a reader found out in the most painful way that her husband owed money, and she reached out for help.  </p><div><a href="https://www.abs-cbn.com/news/business/2025/7/29/are-you-responsible-for-your-husband-s-debt-0720" rel="noopener noreferrer" target="_blank"><strong>Are you responsible for your husband’s debt?  </strong></a></div><p>There are different set of rules whether you and your partner are married or not.  Let’s cover both but as a disclaimer, let me state that I am sharing information based on my understanding of general Philippine law, particularly the Family Code of the Philippines (Executive Order 209).  You should seek formal legal advice when needed to get better suited solutions to your situations.</p><div><strong>Marriage comes with debt shackles</strong></div><p>If your married partner owes money, are you legally responsible?  After checking with a lawyer, last year I wrote that the simple answer is no.</p><p>In the Philippines, the debt or debts of your wife or husband generally do not become yours, according to Section 4, Article 121 of the Family Code.  It states, “payment of personal debts contracted by the husband or the wife before or during the marriage shall not be charged to the conjugal properties partnership except insofar as they redounded to the benefit of the family.”</p><p>Note the last part, though which makes the simple no answer become a bit more complicated.  If the debt or debts benefited the family, for example tuition for your children, to finance your home, then the conjugal partnership of gains or absolute community property can be held liable.  In these cases, it does not matter whether you knew or didn&#x27;t know about the debt or debts.</p><div><strong>When your consent matters</strong></div><p>Married or not, if you agreed to be a co-maker, co-borrower, or guarantor of a loan, then you are tied until debt do you part.</p><p>Your partner may ask you to co-sign his or her debt with a cooperative, or a lending company, or a bank, to finance their personal or business expenses, and once you put your wet signature on that document, your partner’s debt becomes yours.</p><p>Worse, if you also agree to submit as collateral your joint assets or your sole assets, these can be forfeited in case you are both unable to settle the debt.</p><div><strong>Debt shades of gray</strong></div><p>There are also areas where you may not be legally liable but you can be held to be morally responsible, or even shamed into paying up.  For example, if your partner owed money before you got married, technically that’s not your liability.  But the debtor may come after you if they see you have the capacity to pay, and try to exploit the angle that the debt benefited your new family.  Sadly, this is possible under the Family Code.</p><p>One more legal loophole is that a creditor cannot legally make you pay for your spouse&#x27;s personal, non-beneficial debt.  This would mean gambling debts, or expenses for personal trips.  But they may still try to go after your joint assets, so best to be ready for that scenario.</p><p>And here’s the sad reality: even if you are not legally liable, you will be affected.  People will know and talk, and your credit standing will come into question when you apply for loans, as banks look at the total household debt. </p><p>Sorry for all the negativity but sometimes these need to be said.  Forewarned is after all forearmed. Now, how can you protect yourself?  Two key things: one, demand transparency and two, learn to say no.  With the first, having an open honest talk about money will help.  Do this before you exchange I dos, and do it repeatedly.  Don’t assume that no issues before marriage mean no more issues after the wedding.  People change and circumstances change.  Say no when you are not comfortable.  If your partner needs someone to co-sign a loan, it does not have to be you.  It can be a parent, or a sibling.  If she or he is coming to you before the wedding, that could be a red flag.  When it does not feel right, it usually isn’t.</p>

<p>One of the burning questions on people’s minds when they discover their partner owes money is this: “Am I going to have to pay for it?”</p>

One of the burning questions on people’s minds when they discover their partner owes money is this: “Am I going to have to pay for it?”

When your partner’s debts become yours

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When your partner’s debts become yours

Aneth Ng-Lim

Published Feb 24, 2026 09:00 AM PHT

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Updated Feb 24, 2026 10:10 AM PHT

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personal finance

conjugal debt

marriage

Aneth Ng-Lim

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