In most cases, an individual's debt isn't inherited by their spouse or family members. Instead, the deceased person's estate will typically settle their outstanding debts. In other words, the assets they held at the time of their death will go toward paying off what they owed when they passed.
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.
The bottom line
You are generally not responsible for your spouse's credit card debt unless you are a co-signor for the card or it is a joint account. However, state laws vary and divorce or the death of your spouse could also impact your liability for this debt.
Again, the short answer is usually no. You generally don't inherit debts belonging to someone else the way you might inherit property or other assets from them. So even if a debt collector attempts to request payment from you, there'd be no legal obligation to pay.
In non-community property states, you're not responsible for your spouse's debts unless you're a co-signer on the debt. For credit card debt, you're not liable for the debt on your spouse's card if you're just an authorized user (as opposed to a co-signer).
Do You Inherit Debt When You Get Married? No. Even in community property states, debts incurred before the marriage remain the sole responsibility of the individual. So if your spouse is still paying off student loans, for instance, you shouldn't worry that you'll become liable for their debt after you get married.
If it was an individual account, you may owe nothing—unless you live in a community property state, in which any debt incurred during marriage is considered joint. If you're not in a community property state and you weren't a cosigner or joint account holder, you shouldn't inherit their credit card debt.
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. Generally, no one else is required to pay the debts of someone who died.
Whether you are liable for your deceased partner's credit card debt depends on the type of credit card account and the state where you live. If you and your spouse are joint account holders on a credit card, you are both equally responsible for the debt on the card, no matter who made the charges.
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.
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.
A checking or savings account (referred to as a deceased account after the owner's death) is handled according to the deceased's will. If no will was made, the deceased's account will have to go through probate.
In most cases, the deceased person's estate is responsible for paying any debt left behind, including medical bills. If there's not enough money in the estate, family members still generally aren't responsible for covering a loved one's medical debt after death — although there are some exceptions.
In common law states, debt taken on after marriage is usually treated as being separate and belonging only to the spouse who incurred them. The exception are those debts that are in the spouse's name only but benefit both partners.
Family members or next of kin generally notify the bank when a client passes. It can also be someone who was appointed by a court to handle the deceased's financial affairs. There are also times when the bank leans of a client's passing through probate.
When the owner of a bank account dies, the bank does not necessarily freeze that person's bank accounts. However, if the bank becomes aware of the account owner's death, it may freeze that person's account as a precautionary measure to prevent anyone from making unauthorized withdrawals.
Most bank accounts that are held in the names of two people carry with them what's called the "right of survivorship." This means that after one co-owner dies, the surviving owner automatically becomes the sole owner of all the funds.
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.
If your spouse has a bad credit score, it will not affect your credit score. However, when you apply for loans together, like mortgages, lenders will look at both your scores. If one of you has a poor credit score, it counts against you both.
No. Student debt that you bring into a marriage remains your debt. Let's say you have $30,000 in federal student loans and $40,000 in private student loans when you get married. Your spouse might help pay down your debt, but you're the only one legally responsible.
Credit reporting companies regularly receive notifications from the Social Security Administration about individuals who have passed away, but it's better to also notify them on your own to ensure no one applies for credit in the deceased's name in the meantime.
However, once the three nationwide credit bureaus — Equifax, Experian and TransUnion — are notified someone has died, their credit reports are sealed and a death notice is placed on them. That notification can happen one of two ways — from the executor of the person's estate or from the Social Security Administration.
Having a separate bank account in marriage gives you a sense of financial independence, self-identity and empowerment. You make more than your spouse. I have friends who out-earn their husbands by a considerable margin and don't like the idea of splitting the difference, no matter how educated or progressive they are.
If you live in one of the community property states – Arizona, Wisconsin, California, Washington, Idaho, Texas, Louisiana, New Mexico or Nevada – the law treats all the money you saved as being equally owned by both of you.