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.
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?
Is a surviving spouse in Illinois obligated to pay medical expenses incurred by the deceased spouse prior to death?
Yes, you are under the law married couples are considered one unit, that makes you responsible for eachother. * No. Not unless the surviving spouse signed an agreement to do so. The only time spouses are responsible for each others debts is if the debts are incurred jointly or the couple resided in a community property state, Illinois is not a community property state. (Macky)
Will surviving children of deceased parents that have no life insurance or estate be responsible for paying criminal fines or utility bills incurred by the decedents?
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.
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.
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.
If the account is joint then both spouses are responsible for repayment. If the account was incurred during the marriage and is held by one spouse and the couple live in a community property state both spouse's are responsible for repayment. If the account was incurred during the marriage by only one spouse and the couple does not live in a community property state, only the spouse who is the account holder is responsible for…
In Rhode Island is the wife responsible for her husband's credit card if she is an authorized user of the credit card?
In the State of Florida is the husband responsible for credit card debt that belonged solely to his deceased wife?
No, Florida is not a community property state therefore debts not jointly incurred belong solely to the person who holds the account. In Florida married couples are generally presumed to hold jointly owned property as Tenancy By The Entirety (TBE) which makes such property exempt from creditor action when only one spouse is responsible for the debt.
Who is responsible for the credit card debt of deceased mother in New York who was on her own for over nine years but not legally divorced?
Does a spouse have to pay back a loan of a deceased spouse if they are not a joint holder of the loan?
Depends on the state you live in. * If the married couple resided in a community property state the surviving spouse might be held accountable for the debt even though the loan was only in the name of the deceased spouse. In all other states the surviving spouse is not responsible for debt that is incurred solely by a living or deceased spouse.
Is the surviving spouse responsible for the credit card account held solely by the deceased spouse's in Washington State?
If you die in Tennessee with credit card debt in your name will your spouse be obligated to repay the debt?
If the surviving family members are not joint account holders or a surviving spouse who was living in a community property state, they are not responsible for the debts of the deceased. The deceased estate (if any) is to be probated (when required) and any assets are used to pay outstanding debts in their order of priority according to state law. FYI, authorized signers of credit card accounts are not joint account holders and not…
If one spouse has credit cards in her name only and can't pay them off is the other spouse responsible?
If a married couple reside in a community property state both persons are generally held equally responsible for all debts incurred during the marriage regardless of which spouse incurred the debt. Married couples living in states that are not designated as community property are not responsible for each other's debts, although jointly owned marital property (bank accounts, real property) can sometimes be attached by creditors when only one spouse is the debtor.
Who is responsible for the debt on your late wife's credit cards if she passed away last week and she had a couple of credit cards in her name only and you live in Maryland?
Texas is a community property state which means that spouses are usually held equally responsible for debts incurred during the marriage even when only one spouse is the account holder. However, this may not apply to the outstanding medical bills of a deceased spouse unless the surviving spouse signed a written agreement with the health care provider(s) to accept said responsibility. This is especially true if the deceased spouse was receiving Medicare and/or Medicaid assistance.
The estate is responsible for the deceased spouse's debts. But given that the spouse typically inherits the estate, and often agreements are required to include the spouse, there is a possibility, depending upon the type of debt and the instruments they were created under. I would consult a probate attorney. * A spouse is not responsible for the debts of a deceased spouse unless the debts were jointly incurred during the marriage or in some…
Why bother? No one can legally inheret debt. Actually debt can be "inherited" if the deceased left a spouse and the married couple resided in a community property state, the debts then revert to the spouse whether he or she incurred them. In non-community property states the deceased's debts are included along with all nonexempt assets and property in the probate procedure. The nonexempt assets and property are then liquidated to pay debts according to…
Is a wife responsible for the debt of her husband while being married if her name is not on any of these debts in Virginia?
It depends on whether you live in a community property state. Laws vary but generally, in community property states debts incurred by one spouse during the marriage are owned by both even if only one spouse signed. You need to check the laws in your state. The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. The wife would not be responsible in a separate property state. It depends…
Who is responsible for credit card debt of your deceased spouse if there isn't an estate or assets because everything was switched out of their name before they passed?
yes * Only if the couple reside in a community property state and the debt is incurred during the marriage. All CP states allow a spouse to use the "innocent spousal" defense concerning marital debts if the spouse was not aware of the debt made or had no control over the matter. Texas and Wisconsin are not "true" community property states when it relates to marital debts solely incurred. In all other states sole debts…
Is a spouse responsible for credit card debt of deceased spouse in Oklahoma Only the deceased was on the account I was not even an authorized user?
It depends on the laws in your jurisdiction. In the United States, both spouses are responsible for debts incurred by either spouse in a community property state. That isn't so in separate property states whereby a spouse is not responsible for a debt on a loan they didn't sign. There are also variations of those rules in different states. If you still have questions you should consult with an attorney in your jurisdiction.
It depends on what state you are from. But I think that it is 50/50 for everything. * Yes, if the debts were made during the marriage and if the couple reside in a community property state. Debts incurred by either spouse after a legal separation order has been issued are attributed to only the account holder. Debts incurred separately by married couples in a non community property state belong solely to the person who…
In the state of Ohio can a husband be held financially responsible for the wife's repossessed vehicle if his name is not on the loan?
No, Debt incurred during a marriage is generally the joint responsibility of both parties, as long as both are co-signers on the credit cards, says Bill Glassner, a financial planner with Glassner Carlton Financial Planning in Cedar Knolls, N.J. "However, if the credit card is in one spouse's name but the other is just an additional cardholder, that spouse isn't responsible. " One exception is community property states, where both are responsible, even for debt…
Generally a surviving spouse will only be responsible for debts related to medical expenses of a deceased spouse is he or she has entered into a written contract accepting said responsibility. Rhode Island is not a community property state and therefore the surviving spouse would not, assuming he or she has not agreed in writing to do so be liable for medical bills (hospital, doctors, etc.) incurred for the care of a deceased spouse. Nevada…
Is the surviving spouse responsible for bills that were in the name of the deceased spouse only in the state of Washington?
If the couple Does Not reside in a community property state then a spouse is not responsible for the other spouse's debts when said debts are solely incurred. If the couple does reside in a CP state it does not matter who incurs the debt as the law assigns the married couple equal rights to assets and equal responsibility for debts.
Is the spouse of a deceased credit card holder responsible for his debt if the spouse was not on the card in California?
All debts and assets of a deceased person are handled in accordance with the probate laws of the state where the deceased resided. Only the account holder is responsible for credit card debt, unless the person was married and lived in a community property state, in which case the surviving spouse is usually deemed responsible for such a debt. In some community property states such as Wisconsin the law varies as to the surviving spouse's…