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When I pass will be spouse be responsible for my credit card debt?

When I pass will be spouse be responsible for my credit card debt?

Full question:

I have cancer. When I die will my wife be responsible for my credit card debt? She is not a Co- signer.

Category: Debts and Credit
Date: 04/07/2025
State: National

Answer:

Generally, a spouse is not liable for the debts of the other as
long as it is an individual account, the spouse running up the debt is
not an authorized user, surety, guarantor, or cosignor, and the couple
does not live in a community property state. However, even in a
community property state the assets of the spouse not running up the
debt could be at risk. For example, in cases involving, among others,
bankruptcy, divorce, or other litigation, creditors may go after assets
held jointly by the debtor and non-debtor spouse, such as a bank account
in both their names. If your spouse agrees to pay off a joint credit
card debt but does not, the bank may successfully sue you for that debt.
However, state laws vary about which marriage partner is responsible for
certain debts, depending upon when the debt was incurred, the identity
of the debtor, or the purpose of the debt.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can creditors pursue my spouse for my debts after I die?

Typically, creditors cannot pursue your spouse for your individual debts if they are not a co-signer or authorized user. However, in community property states, creditors may have the right to claim jointly held assets, like joint bank accounts. This means that while your spouse may not be personally liable, the couple's shared assets could be at risk. It's essential to understand your state's laws regarding debt and property ownership.

What happens to credit card debt when someone dies?

When someone dies, their credit card debt does not automatically transfer to their spouse unless the spouse is a co-signer or authorized user. The deceased's estate is responsible for settling debts before any assets are distributed. If there are insufficient assets in the estate, creditors may not be able to collect the debt from the spouse.

Is my spouse liable for my credit card debt if we live in a community property state?

In community property states, debts incurred during the marriage may be considered joint, potentially making your spouse liable for some of your credit card debt. However, if the debt is solely in your name and your spouse is not a co-signer, they may not be responsible for it. It's important to consult with a legal professional to understand the implications in your specific situation.

What is the difference between individual debt and joint debt?

Individual debt is incurred by one person and is solely their responsibility, while joint debt is shared by two or more individuals, making all parties liable for repayment. If a spouse is not a co-signer or authorized user on a credit card, they typically are not responsible for that individual debt upon the other spouse's death.