Community Chat

[Ms tyrion2]

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@KathyPet wrote:

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@mousiegirl wrote:

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@I am still oxox wrote:

Wives are not at all responsible for their husbands, not, never ever

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@I am still oxox  Unless the laws have change, and they may have, hopefully, wives are responsible for all debt if the husband leaves not paying.

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HUH?   Not u;less they are legally obligated to pay because they signed a contract such as a rental agreement, credit card agreement, bank loan etc.  You cannot force someone to pay a debt they,did not incurr

Not exactly true. If you live in a community property state, debt is shared by the marital community just as property is shared. 

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[Cakers3]

There is misunderstanding about "community property" states.  The surviving spouse does not automatically incur the debts left by the deceased.

The deceased's assets, including inheritance, earned before the marriage is not community property.  Those assets may be liquidated to pay his debts.

"Special community property" is also another area which views the particular asset as being controlled by only one spouse, and again can be used to pay the deceased's debts.  Unless the surviving spouse inherits said property, and there is debt assigned, only then would he/she be liable.

There are other considerations and this is only applicable to my state, a community property state.

It is erroneous to assume that all debt, even credit cards without the surviving spouse's name, automatically makes the survivor liable in a community property state.

[Ms tyrion2]

Debt acquired within the marriage is usually considered part of the community property.

Debt and property acquired before the marriage are not unless the owning spouse adds the other to the title or deed.

[Cakers3]

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@Ms tyrion2 wrote:

Debt acquired within the marriage is usually considered part of the community property.

Debt and property acquired before the marriage are not unless the owning spouse adds the other to the title or deed.

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@Ms tyrion2  Incorrect.  If both spouses have signed, such as a credit card, mortgage, etc. - that is obvious.

It is incorrect to assume that non-signatory debt is automatically transferred to the surviving spouse.

I don't know about other states, only mine, as I indicated.

I'm not going to keep going around with this; I spoke for MY state and what legally DH and I have been advised.

[Ms tyrion2]

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@Cakers3 wrote:

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@Ms tyrion2 wrote:

Debt acquired within the marriage is usually considered part of the community property.

Debt and property acquired before the marriage are not unless the owning spouse adds the other to the title or deed.

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@Ms tyrion2  Incorrect.  If both spouses have signed, such as a credit card, mortgage, etc. - that is obvious.

It is incorrect to assume that non-signatory debt is automatically transferred to the surviving spouse.

I don't know about other states, only mine, as I indicated.

I'm not going to keep going around with this; I spoke for MY state and what legally DH and I have been advised.

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Ok. You can stop going around with this, but my info is for general info for ALL community property states. It is correct. I verified it on a legal site. General info is what benefits the most people here IMO.