Full question:
My husband died. I have 2 companies calling for me to pay off debt. One is a CC that is only in his name. One is a loan that is only in his name. I have been told that because my name is not on these documents, that I am not responsible. Both have admitted that my name is not on the papers.
- Category: Husband and Wife
- Subcategory: Duty to Support
- Date:
- State: North Carolina
Answer:
Typically, a spouse is not responsible for the debts of the other if the debts are solely in the deceased spouse's name, and the surviving spouse is not an authorized user, guarantor, or co-signer. This is especially true if you do not live in a community property state. However, in community property states, the non-debtor spouse's assets could be at risk in certain situations, like bankruptcy or divorce. For instance, creditors might pursue jointly held assets, such as a bank account in both names, if the debtor spouse fails to pay a joint debt. State laws vary on debt responsibility based on when the debt was incurred and the identity of the debtor.
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.