When I pass will be spouse be responsible for my credit card debt?
Generally, a spouse is not liable for the debts of the other as
long as it is an individual account, the spouse running up the debt is
not an authorized user, surety, guarantor, or cosignor, and the couple
does not live in a community property state. However, even in a
community property state the assets of the spouse not running up the
debt could be at risk. For example, in cases involving, among others,
bankruptcy, divorce, or other litigation, creditors may go after assets
held jointly by the debtor and non-debtor spouse, such as a bank account
in both their names. If your spouse agrees to pay off a joint credit
card debt but does not, the bank may successfully sue you for that debt.
However, state laws vary about which marriage partner is responsible for
certain debts, depending upon when the debt was incurred, the identity
of the debtor, or the purpose of the debt.