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I am not certain what you mean by "community property change", unless it pertains to a divorce decree. If you live in a community property state, and the debts were incurred while you are married. The spouse is indeed responsible for those debts. In non-community property states the person who contracted the debt, is the only person responsible. Therefore, the debt(s) usually "die" with the deceased person. There are exceptions, however, some states have laws which make the spouse responsible if the debts are defined as "necessities". Such as medical expenses, food, shelter, etc.

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Q: If your spouse dies and your house is in your name via community property change are you then responsible for debts incurred by the deceased spouse?
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Is a surviving spouse in Illinois obligated to pay medical expenses incurred by the deceased spouse prior to death?

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It depends on the state you live in. If the married couple resided in a community property state at the time of the spouse's death the surviving spouse might be held accountable for debts incurred during the marriage solely by the deceased. The premise of community property states is, that all debts and all assets obtained during a marriage belong equally to both parties.


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If the couple resided in a community property state it is possible for the surviving spouse to be responsible for debt incurred by a deceased spouse even though he or she was not an account holder. Texas and Wisconsin are not considered "true" CP states as they treat solely incurred marital debt somewhat differently as do the other CP states.


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California is a community property state, the debts of the deceased should be included in the probate procedure. Usually in California the surviving spouse is responsible for all debts incurred during the marriage even though he or she was not the named account holder.


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In Tennessee is a surviving spouse responsible for the deceased spouse's debts if there is no estate?

Tennessee is not a community property state, if the surviving spouse was not a joint debtor he or she is not responsible for debt incurred by the decedent. The exeption would be, if there is a home that is encumbered by a mortgage and/or loan the surviving spouse will have to continue the agreement whether he or she was named on the lending contract in order to retain possession of the property.


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