My spouse incurred a debt without my knowledge: am I responsible for it?

This week, in the Família por Direito column, partner Stéfanie Luz explains in which situations a debt incurred by one spouse may — or may not — make the other liable.
Articles 23/03/2026

It depends on the matrimonial property regime and on the nature of the debt. Under Portuguese law, certain liabilities may bind both spouses when they relate to ordinary family expenses or to the common benefit of the household, even if only one spouse signed the agreement.

However, strictly personal debts or obligations that did not benefit the family will generally remain the responsibility of the contracting spouse. A case-by-case legal assessment is key to determining liability.

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The content of this information does not constitute any specific legal advice; the latter can only be given when faced with a specific case. Please contact us for any further clarification or information deemed necessary in what concerns the application of the law.

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Practice Areas

  • Family and Inheritance

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