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Divorce
Am I responsible for my ex's debt after his death?

Am I responsible for my ex's debt after his death?

Full question:

We were stupid and used only 1 attorney to file for divorce. I agreed to be responsible for half the debt on a bank loan that only he, not I, signed as guarantor. He'd lied to me and told me I had signed the loan but in reality I never did. What I found later is that what I did sign was only paperwork to give me access to account for withdrawals and such. I verified with this with the bank that I am not obligated to them only to my ex. according to the divorce decree. Well, my ex just died. Am I still responsible to pay his children? I was so upset that he'd lied to me but I was stupid and ignorant to not realize it.

Category: Divorce
Subcategory: Property Settlements
Date: 04/07/2025
State: Kansas

Answer:

It may be challenging to contest the divorce decree for fraud now that your ex-spouse has passed away. Generally, banks are not bound by divorce decrees and will pursue collection based on the loan agreements. The bank can file a claim against your ex's estate in probate, assuming they are notified as a creditor. You also have the option to assert a claim against the estate. The court will decide whether to honor your claim based on the circumstances and documentation involved.

According to Kansas law, creditors must be notified of probate proceedings (K.S.A. 59-709) and have a limited time to file claims against the estate (K.S.A. 59-2239). If you wish to pursue a claim, be aware of these timelines to ensure your rights are protected.

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

Who is responsible for credit card debt in divorce?

In a divorce, responsibility for credit card debt typically depends on how the debt was incurred. If the debt was accumulated during the marriage, both spouses may be held responsible, even if only one spouse's name is on the account. The divorce decree will outline how debts are divided, but creditors can still pursue either spouse for payment. It's important to review your divorce agreement and consult with a legal professional if you have concerns about specific debts.

Am I responsible for my ex-husband's debts?

Generally, you are not responsible for your ex-husband's debts incurred after the divorce, unless you co-signed or are specifically named in the debt agreement. However, debts accrued during the marriage may be divided in the divorce decree. Always refer to your divorce agreement for clarity on your obligations regarding any shared debts.

Can I be held responsible for my ex-husband's debt?

You can be held responsible for your ex-husband's debt if you co-signed the loan or if the debt was incurred during the marriage and is addressed in the divorce decree. If the divorce decree states that your ex is responsible for certain debts, creditors may still pursue you if your name is on the account. Review your legal documents for specifics.

Am I legally responsible for my spouse's debt?

You may be legally responsible for your spouse's debt if it was incurred during the marriage and is considered marital debt. This includes debts for shared expenses. However, if the debt is solely in your spouse's name and was not part of a joint agreement, you typically would not be held liable. Always check your state laws and divorce agreements for specific details.

Am I responsible for my spouse's debt after divorce?

After divorce, you are generally not responsible for your spouse's debts unless they were jointly incurred or you co-signed for them. The divorce decree should clarify who is responsible for which debts. If your ex-spouse fails to pay debts assigned to them, creditors may still pursue you if your name is involved. It's important to understand your obligations as outlined in your divorce agreement.