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.
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.
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.
yes.
Yes the debt is paid out of the estate. If the spouse was a partner in the debt, they can be responsible. If they had a card in their own name, they may have to pay. Consult a probate attorney in Illinois.
our house is under my husband's name and it is about to be foreclosed. will lender come after me later for any unpaid debt?
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.
The estate of the deceased is responsible for the debts. The spouse is going to have to pay the debt as a beneficiary of the home purchased by the spouse.
credit card debt is reserved to all the names that were used when the credit card was applied for so even in divorce situations where the judge has split the debt it is not legally removed from you if your name was on the account
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.
No.
No... No...
No. Not unless the creditor can prove the debt was for items you both used.