Debt is treated differently in community property states and non-community property states. Georgia is an equitable distribution state, meaning that, in terms of responsibility, property and debt are not divided equally between spouses.
Signatory
When both spouses sign off to incur a debt, the responsibility for payment is equally divided and both parties are liable for repayment. When only one spouse signs a loan agreement, he is solely responsible for the debt and repayment.
Residency
In order for Georgia law to apply to spouses, they must sign a loan agreement as residents of the state. A non-resident is subject to the laws of the state in which he claims residency. When moving from one state to another, property division and debt laws apply in whatever the state individuals claim residency.
Bankruptcy
If a spouse files bankruptcy in Georgia, that bankruptcy filing does not affect the other spouse unless they file together.
