Do I have to pay my husbands credit card debt when he dies?

Asked by: Prof. Zander Walsh DVM  |  Last update: August 5, 2022
Score: 4.2/5 (60 votes)

When someone dies with an unpaid debt, it's generally paid with the money or property left in the estate. If your spouse dies, you're generally not responsible for their debt, unless it's a shared debt, or you are responsible under state law.

Is the surviving spouse responsible for credit card debt?

In a nutshell: In most cases, spouses are not responsible for paying off the debt of a deceased person. Instead, the deceased's estate pays off any debt owed, including credit card debt. However, you may be responsible if you cosigned or were a joint account holder.

Does a widow have to pay husband's credit card debt?

Both the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) confirm that family members usually do not have to pay the debt of deceased relatives using their personal assets. This includes credit card debt, student loans and more.

Can a wife be held responsible for husband's debt?

Since California is a community property state, the law applies that the community estate shared between both individuals is liable for a debt incurred by either spouse during the marriage. All community property shared equally between husband and wife can be held liable for repaying the debts of one spouse.

What debts are forgiven at death?

What Types of Debt Can Be Discharged Upon Death?
  • Secured Debt. If the deceased died with a mortgage on her home, whoever winds up with the house is responsible for the debt. ...
  • Unsecured Debt. Any unsecured debt, such as a credit card, has to be paid only if there are enough assets in the estate. ...
  • Student Loans. ...
  • Taxes.

My Husband died, Do I Owe My Husbands Credit Card Debt?

29 related questions found

Do credit cards have to be paid after death?

After someone has passed, their estate is responsible for paying off any debts owed, including those from credit cards. Relatives typically aren't responsible for using their own money to pay off credit card debt after death.

How do you negotiate a deceased credit card debt?

Contact the Credit Card Issuer

Inform the manager that the cardholder is deceased. State that you are the executor or administrator of the deceased's estate and that you want to negotiate a settlement of the account.

Does my husband's debt become mine?

Debts you and your spouse incurred before marriage remain your own individual obligations—but you'll share responsibility for debts you take on together after the wedding.

How do credit card companies know when someone dies?

Deceased alerts are typically sent out by credit reporting agencies and communicated to various financial institutions. The purpose of the alert is to notify these institutions that the person in question has died so that they do not extend any new credit products to anyone applying under the deceased person's name.

How do I protect myself from my husband's debt?

Keep Things Separate

Keep separate bank accounts, take out car and other loans in one name only and title property to one person or the other. Doing so limits your vulnerability to your spouse's creditors, who can only take items that belong solely to her or her share in jointly owned property.

What happens to credit cards when spouse dies?

In most cases, the credit card balance will be paid using the assets in your spouse's estate. If you're unsure of what debts you are and are not responsible for, the best approach is to consult an attorney before making any decisions or payments.

What happens if spouse dies with debt?

When someone dies with an unpaid debt, it's generally paid with the money or property left in the estate. If your spouse dies, you're generally not responsible for their debt, unless it's a shared debt, or you are responsible under state law.

Is it necessary to remove deceased spouse from bank account?

In the case of a joint account, the surviving person is considered the owner of the account. However, it is important to have the name of the deceased person removed so that if anything should happen that requires an intervention by the FDIC, the information on the account will be up to date.

What happens if credit card holder dies?

The bank or the financial institution in question has to file a civil suit for recovery and then the legal representative of the card holder has to make good the payment from the property of the deceased person. You cannot have the estate of a person and not honor the debt obligations.

Do banks automatically get notified when someone dies?

Banks don't automatically know that one of their account-holders has died. So if you're the executor of an estate, you should assume that the person's financial accounts are still active.

Can creditors go after spouse?

Even if your spouse opens up a line of credit in their name only, you could still be liable for that debt. Creditors can go after a couple's joint assets to pay an individual's debt.

Does your spouse's credit affect yours?

Fortunately, your spouse's past credit history has no impact on your credit profile. Only when you open a joint account will any information be shared on both of your credit reports. However, when you want to buy a home together, your spouse's negative credit history could impact your mortgage rates.

Who is responsible for debt after death?

No, when someone dies owing a debt, the debt does not go away. Generally, the deceased person's estate is responsible for paying any unpaid debts. When a person dies, their assets pass to their estate. If there is no money or property left, then the debt generally will not be paid.

Are heirs responsible for credit card debt?

Generally, surviving family members, heirs, and beneficiaries are not responsible for credit card debt left behind by the deceased. But there are exceptions. Some creditors and debt collectors may ask family members to pay debts they're not responsible for, so be prepared.

What needs to be done after a spouse dies?

To Do Immediately After Someone Dies
  • Get a legal pronouncement of death. ...
  • Tell friends and family. ...
  • Find out about existing funeral and burial plans. ...
  • Make funeral, burial or cremation arrangements. ...
  • Secure the property. ...
  • Provide care for pets. ...
  • Forward mail. ...
  • Notify your family member's employer.

Are bank accounts frozen when a spouse dies?

Is there an instance where a bank account can be frozen? Yes. If the bank account is solely titled in the name of the person who died, then the bank account will be frozen. The family will be unable to access the account until an executor has been appointed by the probate court.

What needs to be done after the death of a spouse?

Checklist for Handling the Death of a Spouse
  • Get Organized and Take Inventory.
  • Get the Will and Estate Plan.
  • Get Multiple Death Certificates.
  • Contact Your Legal and Financial Professional Advisors.
  • Review Your Bills and Payment Schedule.
  • Asses How Your Income and Expenses Will Change.
  • Avoid Making Major Decisions.

Should I pay my spouse's debt?

The only party liable for your spouse's business debt is their business partner, not you – unless you are their business partner. Every business partner is completely responsible for any debts taken by the company. But simply being a spouse to someone doesn't make you liable for their business debts.

Is a husband financially responsible for his wife?

At common law, the spouse – typically the husband – was legally liable for the support of the other spouse. This right could be enforced on the spouse, either by the other spouse or by third-party creditors.

What is classed as marital debt?

These “matrimonial” debts would typically include debts incurred to fund building work and improvements to the family home, family holidays or the family car.