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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?
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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In New Jersey is a surviving spouse responsible for credit card debt that was solely incured by the deceased spouse or will it be paid from the deceased's estate?
From the remaining spouse, no. Collecting from the estate depends on many factors. The laws pertaining to real property and/or survivor rights take precedence over probate pr…oceedings. A determination on what creditors might be entitled to can only be made after the deceased financial status has been compiled.
If a deceased person has credit card debt only in their name is the spouse responsible for that debt?
If the couple resided in a community property state the surviving spouse MIGHT be liable for the debt(s). In general married couples in community property states are equal pa…rtners in assets and debts. Otherwise, only the account holder is responsible for credit card debt. If the laws of the resident state require probate procedure all nonexempt assets and debts of the deceased are probated. The court then rules on how assets (if any) are distributed and how debts will be paid. If probate procedure is not proscribed under state law, t the debts become null and void. The estate is liable for the debt. And since the spouse is going to inherit the estate, one way or the other she pays the debt. Unless there are not enough assets to pay the debt, in which case the estate would settle and she would not inherit anything.
Answer The ESTATE is responsible.
Answer No. Mississippi is not a community property state. The state does, however, have a rather obscure "necessities" statute which …pertains to those items purchased solely by a spouse on credit that can be defined as needed by the married couple as a whole. The statute is subject to many interpretations and therefore almost impossible for a creditor to use as a means of collecting debt owed from a surviving spouse.
Answer No, Georgia is not a commmunity property state.
If you do not live in a community property state is a wife responsible for the credit card debt of her deceased spouse when the account was in his name only?
Answer No. The credit card debt will become a part of the probate procedure and will be handled according to the distribution laws of the state …in which the person resided at the time of his or her death. Please be advised, it is not unusual for a creditor/collector to attempt to convince a surviving spouse that they are responsible for the debt especially if said spouse was an authorized user of the account. Be that as it may, the surviving spouse or other family members are not responsible for the debts of the deceased unless they were a joint account holder.
No, not directly. Indirectly the non debtor spouse may find that he or she has a shared joint account levied or joint property encumbered by a judgment against the …debtor spouse.
In the District of Columbia is the surviving spouse responsible for debts solely incurred by a deceased spouse?
Is the surviving spouse responsible for deceased spouse's medical debts in the state of Tennessee which is not a community property state?
In general, a person with a duty to support another (such as a spouse) may be liable for the spouse's "necessaries," which could include medical bills. I'm not sure abou…t the specifics of law in Tennessee.
Typically, any debts accrued by a husband/wife who dies, are to be settled by the estate. Since this normally passes on to the surviving spouse, any debts must be settle…d by the surviving spouse.
Not for private debt. Just make sure that the spouse is not a co- applicant. The spouse is responsible only if they are co-applicant.
Not unless the spouse signed the debt paperwork. However, will they chase one spouse to get to the other spouse, yes they will.
Yes and no. If you live in a community property state then assets you may share with your spouse could be come entangled with their debts. Generally speaking, if your spouse d…oes not pay his bills I would avoid a joint bank account or other forms of shared ownership of assets.
yes usually the spouse is
They might be. Anything jointly owned would normally become sole property of the spouse, but, is still part of the deceased's estate. After taking appropriate legal steps for …example, a creditor could force the sale of a jointly owned property, splitting the money with the spouse to start paying off the deceased's debts. If all the deceased's assets are liquidated, and it is not enough to pay off the debt though, then the spouse is not responsible for that part, that debt will then have to be written off.
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 accountab…le 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.
No - but - your spouse is ! In the event of legal action to recover the debt, any judgement could affect any joint assets (bank accounts etc) held in both you and your partner…s names.