Both spouses are responsible for the DEBT represented by the lien, but the lien can only attach to the interest of whoever is actually on title to the property.
As long as the loan remains in joint names, both parties would probably still be considered responsible for the repayments by the credit provider. Which means that, from a credit reporting point of view, both spouses could still be held liable for defaulted payments etc, even in cases where there's a family court order or something in place. At least, that's in Australia, it may be different in other parts of the world.
If a spouse dies without a will and no funds, any bill in his name alone is not payable. If the debt has both names,eg a credit card with both names) yes you are responsible.If a will is left and there outstanding debts, these must be paid from the proceeds of the will.--- A: Even in community property states, debt may be incurred by either or both parties seperately. If the bills are in the deceased spouse's name alone, then no -- there is no transmission of debt. If the bills are in the name of both spouses, then the surviving spouse is responsible for the debt. Questions that are more difficult apply when there's equity in the estate of the deceased spouse, such as a jointly owned house with a mortgage. This may vary from state to state, and should be answered by an attorney.
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