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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 the surviving spouse responsible for credit card debt when the account was solely in the name of the deceased spouse?
Answer No, New Jersey is not a community property state. It does however recognize Tenancy By The Entirety when it pertains to real property. Th…erefore the family home will pass directly to the surviving spouse and not be subject to probate unless the titling to the property is otherwise worded.
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.
Answer . \nIf they couple did not reside in a community property state and the account was not joint; the debt will become part of the deceased's estate and handled accordi…ng to state probate laws. An exception pertaining to spousal debt responsibility in community property states would be if they resided in Wisconsin.. Answer . If onwe dies the other will not be liable, only if your name is on the card to. I had 2 of my spouse die on me. I know!\n. \n Answer \n. \nA spouse who is not a joint account holder is generally not responsible for debt incurred by the other spouse. Two exceptions the main one being if the married couple resided in a community property state or if the state of residency has a "necessities law". \n. \nCouples residing in community property states are presumed by law to own all property equally, and to owe all debts equally regardless of which one is the designated borrower, ( only CP law exception is the state of Wisconsin). A surviving spouse living in a state which has an established "necessities law" relating to credit card use to purchase items such as food, medicine, pay utilities and so forth is responsible for those type of debts as they are considered joint regardless of the designation of the account. However, even in states that have such laws, they are very rarely used by creditors to recover debt owed.
Alabama is not a community property state, the surviving spouse is not responsible for creditor debt unless he or she was 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.
Answer My spouse constantly makes loans for cars and credit cards, pay day loans inspite of his severely bad credit without my consent. Is there anything leg…ally that can be done so that the unconsenting spouse will not be liable for these debts? I struggle every month the meet the household expenses and I don't want to be liable for bills I don't make because I know I cannot pay for them. Please help!
Is a surviving spouse in Arizona responsible for repayment of a credit card debt when the account was solely in the name of the deceased spouse?
The assumption is that the wife inherits at least half, if not all, of the husband's assets. But the estate has to liquidate all the credit card debts before the can transfer …any remainder to the spouse. One way or another, the spouse ends up paying the debt. The spouse has some right in all real property owned by the husband. If the assets are not enough to cover the debt, the real property may have a lien placed against it to cover those debts.
In the state of Georgia if a spouse receives life insurance benefits is the surviving spouse responsible for the deceased spouse debt if surviving spouse's name is not on any of the debt owed?
In Georgia, as in most states, life insurance proceeds to a named beneficiary become the property of the beneficiary and are therefore not accessible to the creditors of… the decedent. Of course, this does not apply to joint debt between the spouses or any debt solely in the name of the surviving spouse. In short, if the surviving spouse's name is not on the debt of the decedent, the surviving spouse has no legal obligation to pay such debt.
If a spouse files for bankruptcy in a community property state and debts are discharged can the other spouse be held responsible for the discharged amounts?
Maybe; see a lawyer.
In Colorado can your spouse be held responsible for credit card debt incurred during the marriage that is in your name only?
It is pretty much assumed if one party of a marriage is benefitting that both parties are benefitting. So if one spouse is buying a lot of things on credit, it is pretty… much a given that they are both going to be using them. Which means that, yes, the spouse can be held liable.
Call a title company and find out. It is easy if the deed was in terms of "right of survivorship." Generally, you'll need the death certificate, proof of marriage, and a copy …of the deed, which they may be able to provide. Probably the only reason you would need to fix the deed is when and if you sell and it can be sorted out then.
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.
Is the surviving spouse responsible for the deceased spouses medical debts in the state of Nebraska?
The fact that it is Nebraska doesn't change the answer. The assumption is that the wife inherits at least half, if not all, of the husband's assets. But the estate has to liqu…idate all assets before they can transfer them to the spouse. One way or another, the spouse ends up paying the debt. The spouse has some right in all real property owned by the husband. If the assets are not enough to cover the debt, the real property may have a lien placed against it to cover those debts.
In New Jersey is a surviving spouse responsible for a deceased spouse's credit card debt if their name is not on the account nor has she used the credit card?
No, New Jersey is not a community property state, therefore the surviving spouse is not responsible for debts that were solely incurred by a deceased spouse.
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.