Do I inherit my husband's debt?
Asked by: Connie Nienow | Last update: September 2, 2025Score: 4.5/5 (32 votes)
You are generally not responsible for someone else's debt. When someone dies with an unpaid debt, if the debt needs to be paid, it should be paid from any money or property they left behind according to state law. This is called their estate.
Do I inherit my husband's debt if he dies?
Both the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) confirm that family members usually do not have to pay the debt of deceased relatives using their personal assets. This includes credit card debt, student loans and more.
Can a wife be held responsible for her husband's debt?
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.
When you get married, do you inherit your partner's debt?
Most states use common law (also known as equitable distribution), which dictates that married couples don't automatically share personal property legally. In other words, you aren't responsible for your spouse's debt unless you took it out together as a joint account, or you cosigned on it.
What kind of debt is inherited?
Co-signed loans are generally the only kind of debt parents may be left with when a child dies. These may include student loans, car loans, or other personal loans. If the child was the primary borrower and they pass away, the co-signing parent may be required to repay the loan.
My Husband Is Hiding Debt From Me!
What debts are not forgiven at death?
Medical debt and hospital bills don't simply go away after death. In most states, they take priority in the probate process, meaning they usually are paid first, by selling off assets if need be.
How can I avoid inheriting debt?
Know your rights. You generally aren't responsible for your deceased parents' consumer debt unless you specifically signed on as a co-signer or co-applicant. Do not allow aggressive debt collectors to trick you into thinking you have to repay the debt.
How do I protect myself from my husband's debt?
You can protect yourself from your spouse's debt by signing a prenuptial agreement before you get married and avoid taking out joint credit. It's especially important to protect equity in your home during a divorce to ensure you get your fair share, since this is likely the largest asset you have.
Does your spouse's debt become yours?
In almost every case, you will not be held responsible for debt your spouse has incurred before your marriage. The only exception to this rule is if you become a joint account holder after marriage. If you take this step, you will accept ownership of the debt and be held accountable for its repayment.
Is it better to be married or single financially?
A couple's combined income may well place them in a lower tax bracket than the higher-income spouse would pay as an individual. If each spouse has a different employer, each can choose the better of two health insurance plans. Car insurance and home insurance coverage is cheaper for two than for one.
What happens if my husband died and my name is not on the mortgage?
If you inherit the house, you can assume the mortgage without triggering a due-on-sale clause, thanks to the Garn-St. Germain Act. If your name isn't on the mortgage, you may still have options, like refinancing or selling the home to pay off the balance.
In what states are you responsible for your spouse's debt?
If you live in a community property state, you probably will be responsible for debts accumulated by your spouse during the marriage. (These states are California, Texas, Arizona, New Mexico, Nevada, Washington, Idaho, Wisconsin, and Louisiana, while Alaska, South Dakota, and Tennessee make it optional.)
What is financial infidelity in a marriage?
Financial infidelity in a marriage, which can complicate divorce proceedings, includes behaviors such as: Concealing debt from one's spouse. Secretly making large purchases or investments. Hiding assets or savings. Lying about one's income, earnings, or financial losses.
Why shouldn't you always tell your bank when someone dies?
If you contact the bank before consulting an attorney, you risk account freezes, which could severely delay auto-payments and direct deposits and most importantly mortgage payments. You should call Social Security right away to tell them about the death of your loved one.
Am I responsible for my husband's medical bills if he dies?
In general, according to both the consumer protection bureau and the Federal Trade Commission, you are not responsible for someone else's debt. Rather, a deceased person's estate — the legal term for someone's money and property — is responsible for paying any medical bills or debts, as directed by state law.
Can creditors go after my spouse for my debt?
Debt collectors typically can't pursue you for debts that are solely in your spouse's name if you live in a common law state. However, if you live in a community property state or your spouse was a co-signer or co-borrower on the debt, they could be held liable.
Does my spouse inherit my debt?
You are generally not responsible for someone else's debt. When someone dies with an unpaid debt, if the debt needs to be paid, it should be paid from any money or property they left behind according to state law. This is called their estate.
Can I use my husband's credit card after he dies?
Even if you plan on paying the money back, you should not use the card. “If someone continues to use the account after the account holder's death they can be sued and held personally liable,” Creeden says.
How can I not be responsible for my husband's debt?
The best way to avoid becoming responsible for your spouse's credit card debt is by understanding your state's laws and doing what you can to protect yourself. That might include creating a prenup or postnup that details how you'll both handle debt or by working with a lawyer who specializes in debt collection issues.
Can a wife be held responsible for husband's debt?
In community property states, as in common law states, you're on the hook for any debts in your name or that you cosign for. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin are community property states.
How can I protect myself from inheriting debt?
Survivors should be aware that using those assets to pay off debt can greatly reduce or even eliminate money they might have inherited. Debt does not directly pass to heirs unless those heirs are connected to the debt through legal agreements, such as co-signed loans or joint credit cards.
Can debt collectors take money from spouse?
Debts either spouse incurred during marriage
Property acquired during marriage is liable for the debts of either spouse. So, a creditor whose claim arose during the marriage can collect your spouse's unpaid credit card debt from both halves of the community property, including your wages.
Is it illegal to inherit debt?
Debt can be inherited in California under the following circumstances: Joint Debts: If a child or heir co-signed or jointly held a debt (like a credit card) with the deceased, they may become responsible for the outstanding amount.
When someone dies, what happens to their debt?
When someone dies, their debt is usually paid by their estate. An estate is all the assets owned at the time of death—like bank accounts, cars, homes, possessions, etc. The legal process of handling a deceased person's estate is called probate.
Do medical bills go to the next of kin?
Medical debt doesn't disappear when a person passes away. Usually, medical debt, along with other debts, will be paid out of the person's estate. But if the deceased person didn't leave sufficient assets to cover all their debts, bill collectors in some cases may look for someone else to pay.