No categories found for this post.
Am I Responsible for Paying My Spouse’s Debts After Their Death?
Generally, if a debt was in your spouse’s name alone, you are not responsible for paying it — their estate is. However, if you are a joint account holder on […]
Generally, if a debt was in your spouse’s name alone, you are not responsible for paying it — their estate is. However, if you are a joint account holder on a credit card or a co-signer on a loan, and those accounts have debt remaining, you are responsible for paying it. Also, if you live in a state with a doctrine of necessaries in effect (this typically relates to expenses “necessary” to your spouse’s health or well-being), you may be accountable for those payments. Certain states also have community property laws, in which a spouse may be responsible for paying any debts incurred as a result of purchases that benefited both spouses, aka “community property.” These types of items can include things like furniture for the home or a shared car.
If necessaries statutes or community property laws aren’t in play, and your spouse’s estate does not have the necessary funds to pay off their individual debts, those will typically go unpaid. Keep in mind that federal law prevents debt collectors from hinting or asserting that you are responsible for a spouse’s personal debts. If you are being harassed by debt collectors for spousal debt you believe is not your responsibility, you may request details about the debt in writing to better assess the situation, or you may wish to speak with a lawyer to determine the best course of action.
Sources
“Am I responsible for my spouse’s debts after they die?” Consumer Finance Protection Bureau. https://www.consumerfinance.gov/ask-cfpb/am-i-responsible-for-my-spouses-debts-after-they-die-en-1467
“Doctrine of Necessaries”. Bills.com. https://www.bills.com/learn/debt/doctrine-of-necessaries
“Community Property Debt”. Bills.com. https://www.bills.com/learn/debt/community-property-debt
