Is a Spouse Held Responsible for a Credit Card When the Other Spouse Dies?
If your spouse passes away, credit card debt is probably the furthest thing from your mind. In most cases, you cannot be held legally responsible for making payments on debts that were held by your spouse. However, a creditor may still attempt to collect the debt from you. It's important you know your rights.
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Who Owns the Debt?
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Responsibility for a credit card belongs only to the person who owns the account. If that individual dies, the creditor may attempt to collect from his family but cannot damage the spouse's credit reports or take legal action against them.
Whose Name Is on the Account?
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If the credit card in question is a joint credit card account that you shared with your spouse, you are considered to be a co-owner of the account. As a result, you are responsible for paying off the full balance on the credit card after your spouse dies.
It may dampen the celebration for newlyweds, but it is important to consider the creditworthiness of a spouse before the vows.
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You Could Use the Card
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Having your name listed on your deceased spouse's credit card account does not automatically make you the co-owner of the card. It is possible you are only an authorized user. Authorized users are not legally responsible for making credit card payments after the death of the account owner. Talk to an estate attorney to find out the details of any potential payment obligations.
What a Dead Spouse's Debt Means for You
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Your spouse's estate will go into probate after their death. The credit card company may collect the debt from your spouse's estate if enough money is available. If your spouse did not leave adequate funds to pay the debt, the credit card company will be forced to discharge it.
Warning to Those Living in Joint Property States
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It is unlikely, but possible, that a creditor may attempt to legally pursue you for your spouse's credit card debt if you live in one of the nine community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin) and you accrued the debt during your marriage.
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