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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.

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โˆ™ 2006-03-15 14:05:42
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Q: What ways can you keep a spouse from incurring debt in your name?
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Related questions

In Michigan is your spouse responsible for debt incurred in your name?

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.

In the state of Georgia if a spouse receives life insurance benefits is the surviving spouse responsible for the deceased spouse debt if surviving spouse's name is not on any of the debt owed?

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.

Is a surviving spouse in New York responsible for repayment of credit card debt only in name of deceased spouse?


Is the spouse responsible for the deceased credit card debt in Illinois----Will they take it out of the estate?

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.

What is your obligation to debt of your current spouse?

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 a mobile home in the name of only one spouse and they die is the other spouse resposible for the the debit?

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.

In Ohio is the spouse responsible for the other spouse credit card debt?

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

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.

A deceased person has credit card debt only in their name is the spouse responsible for that debt in the state of Florida?

If the card was only in the deceased's name AND the surviving spouse was not a listed authorized user AND the surviving spouse never used the card for his/her own purchases, the spouse is not responsible for the debt. The estate is liable for the debt, so no assets of the estate can be distributed to the heirs at law or by will until the debts of the estate have been paid. If the debts exceed the estate's assets, it may file for bankruptcy of the estate under state law. Consult a local experienced bankruptcy lawyer.

In New Jersey is a spouse responsible for the credit card debt of her husband if the credit card is solely in his name?


If you live in Louisiana is a wife responsible for the credit card debt of her deceased spouse when the account was in his name only?

No... No...

If judgment is in husband name is spouse responsible?

No. Not unless the creditor can prove the debt was for items you both used.

If you die in Tennessee with credit card debt in your name will your spouse be obligated to repay the debt?

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.

In Georgia if a spouse dies and leaves bills in their name is the surviving spouse responsible for those bills?

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.

If a spouse in NC died intestate and had a home equity loan only in his name can the survivor pay it and keep the home and how can have it be changed to her name if she only has Social Security?

The estate would be responsible for the loan. If that is satisfied, she can keep the house. She may be able to take out a loan to pay off the debt.

Is the surviving spouse liable for the deceased spouse's debt if their name is not on the account?

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.

Can you keep utility bills in the name of a deceased spouse or parent?

You can, but its fraud.

Can divorced person use ex name after remarriage?

No, I have never heard of an person after remarriage using the name of an ex. If you have children they keep the father's name unless the new spouse adopts them, but for you to keep the name I would think would bother the new spouse. Many women keep their maiden name, but that is different.

If surviving spouse is insolvent is she responsible for credit card debt in Arizona a communty property state if her name was not on credit card and she never used credit card?

The estate is primarily responsible. However, a spouse is normally considered to benefit from such debt and can be held responsible.

Can a debt collector put a lien on your car if it is registered to your spouse?

No, if it is your debt only and your name is not on the car. Unless you used the car for collateral for a loan, they can't put a "lien" on it anyway.

Is the spouse resonsible to pay off credit card debt if their name is not on the card and if there is no estate?

Yes if the account if joint regardless if the actual card did not have their name on it.

If your spouse dies do you need to pay off their credit card debt if the accounts were only in their name and there is no estate?

Only if it's a jointly held account. Otherwise, a person's credit card debt dies with him. * One exception might be a surviving spouse where the couple lived in a community property state. He or she is sometimes held accountable for debts made by the deceased spouse depending upon the circumstances under which the debt was incurred.

If spouse dies and account was in his name but I was able to charge and the creditor NOW wants to cancel the account because he was the primary cardholder do I have to pay debt off?

you're gonna have a load of debt.

What exactly is an Innocent Spouse Relief when referring to taxes?

Using innocent spouse relief due to your partner not working gives you the burden of taxes in your name and clears them of any tax debt in their name which goes on the joint house hold.

Is a surviving spouse in Arizona responsible for repayment of a credit card debt when the account was solely in the name of the deceased spouse?

The assumption is that the wife inherits at least half, if not all, of the husband's assets. But the estate has to liquidate all the credit card debts before the can transfer any remainder to the spouse. One way or another, the spouse ends up paying the debt. The spouse has some right in all real property owned by the husband. If the assets are not enough to cover the debt, the real property may have a lien placed against it to cover those debts.