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What if card holder dies and spouse is not a signer or a co-owner of the credit card the couple live in a community property state there is no will?

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2005-09-12 20:21:37
2005-09-12 20:21:37

First the estate of the deceased is responsible for all debts, this is usually accomplished during probate and is taken care of by the county or state. Any remaining assets eventually become the property of the spouse and/or children, as the state or county determines.

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No. The only exception would be a married couple residing in a community property state.

Only if the married couple resided in a community property state.

It depends on if California is a community property state or non-community property state.

If you are in a "community property" state, you both are.

A wife's (spouse's) money is only protected from the husband's (other spouse's) creditors if any of the following are true: * The couple lives in a non-community property state and the loan/credit account is only in the husband's name * The couple lives in a community property state, the loan/credit account is only in the husband's name, the loan existed before the marriage and has provably not been used in any way to benefit the wife

Yes. If you are married and your spouse has bad credit, you inherit that bad credit and depending on the state, you can inherit half the debt if you divorce. * No, debts incurred before marriage do not affect a new spouse's credit report even in CP states. Problems could arise however, if the couple apply for a joint line of credit such as a mortgage.

If the couple resided in a community property state both spouse's would have needed to file joint bankruptcy for the debt to be totally discharged. If one spouse did not file, it is quite possible the creditor will hold that person responsible for the debt owed.

An authorized user is never responsible for credit card debt. However, if the married couple live in a community property state they are in general terms both equally responsible for all debts.

Only if the married couple reside in a community property state or the spouse is a joint account holder. An "authorized user" is not considered an account holder and is not legally responsible for debt incurred on a credit card account.

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 repayment.

The actual account holder is the person who is responsible for the debt. If a married couple reside in a community property state, they are usually equally responsible for debts, including credit card accounts.

One contributing factor is whether the married couple resided in a community property state. If that is the case, the surviving spouse is usually responsible for all spousal debts regardless of how the account was held. If not a community property state, the debts belong to the deceased only, and should be handled according to state probate laws.

The extent of liability depends on whether the married couple reside in a community property state and if so, if the accounts were established during the marriage. Married couples residing in community property states, other than Wisconsin and Texas are usually equally responsible for debts regardless of which spouse is the account holder.

Don't have any joint accounts. Marriage does not give the legal right to a spouse to use the other spouse's name or information to obtain credit. Credit even for married couples is reported separately on credit reports unless it is jointly incurred. The exception is if the married couple reside in community property state. In a community property state all assets and all debts incurred during the marriage by either spouse is considered equally owned and equally owed regardless of which one entered into the financial transaction.

No, Tennessee is not a community property state. Married couples living in non community property states are not responsible for debts incurred solely by either spouse.

Not to the credit card issuer. The account holder is totally responsible for debt incurred on a credit card. The exception is married couples residing in community property states, where both spouses are considered have the same rights to property and assets and the same responsiblity for debts.

If the couple resided in a community property state at the time of the account holder's death the surviving spouse is responsible for repayment of the debt owed. If the couple did not reside in a CP state the debt will be included in probate procedure and handled according to the state's laws of distribution of an estate.

No, Rhode Island is not a community property state and an authorized user is not responsible for the debt incurred.

I would say it depends on if you live in a community property state or a non community property state and if your name is on the bill or contract.

It depends upon the laws of the state governing the titling of real marital property. In states that do not allow a couple to hold real property as TBE or community property states her share of the home would be subject to a lien by a judgment creditor.

Yes, you can pay your property taxes with a credit card.

No. There is no such thing as a lien on credit because credit is not tangible property. A lien can be applied to property only.

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.


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