Debt and Bankruptcy

Is the surviving spouse responsible for debt created solely in the name of a deceased when there are no assets to be sold by the estate because there were none in the deceased's name only?

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Answer

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Wiki User
06/16/2004

Depends on the state you live in. If it is a community property state, all debts and assets are considered to belong to both spouses. If not, then only the person who signed the contractual agreement is responsible. However, jointly titled assets are not necessarily exempt from creditors. It depends on how they are held and what they are.