Am I liable for my husband’s credit card debt after he dies?

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Am I liable for my husband’s credit card debt after he dies?

The cards were in his name only. We live in a community property state.

Asked on June 25, 2012 under Estate Planning, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The debt that was incurred during marriage is community property and since it is community property, you would be liable for the credit card debt.

If the debt was incurred before marriage, it is your husband's separate property.  You are not liable for your husband's pre-marriage debt because that is his separate property.

If you are unable to pay the community property debt, the creditor could sue your husband's estate.  If the debt is separate property, the creditor could sue your husband's eatate.


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