Is surviving spouse responsible for credit card debt?
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Is surviving spouse responsible for credit card debt?
Any surviving spouse, civil partner, or relative cannot be required to pay off individual debts out of their own pocket, unless they have provided a personal guarantee. A personal credit card with an outstanding unpaid balance is an example of individual debt.
What happens if you marry someone with debt?
In community property states, you are not responsible for most of your spouse's debt incurred before marriage. However, the IRS says debt taken on by either spouse after the wedding is automatically a shared debt. Even if your spouse opens up a line of credit in their name only, you could still be liable for that debt.
Who is responsible for your credit cards when you die?
The executor of your estate, the person responsible for dealing with your will and estate after your death, will use your assets to pay off your debts. This could mean writing checks from a bank account or selling property to get the money. If there isn't enough to cover your debts, creditors generally are out of luck.
Do I have to pay my husbands debt?
You are not legally responsible for your partner's debts unless they are joint debts or you have acted as guarantor. It doesn't matter whether or not you are living together nor whether you are married or even if you own a house together – although that latter situation can get pretty complicated.