How do you split assets when not married?
Rachel Davis
Updated on February 17, 2026
Each state has its own laws, but generally, property is distributed to the deceased person’s spouse and children. If the person is not married, the property will be divided among parents, siblings, aunts and uncles, nieces and nephews, and then to more distant relatives.
What is a cohabiting couple?
Although there is no legal definition of living together, it generally means to live together as a couple without being married. You might be able to formalise aspects of your status with a partner by drawing up a legal agreement called a cohabitation contract or living together agreement. …
Who is responsible for your spouse’s credit card debt?
Your spouse-to-be has $10,000 in credit card debt in their name. Neither of you would be responsible for the other person’s debt in that scenario. The exception is if one of you acted as a co-signer for the other person or if you opened a joint credit card account.
Who is responsible for a joint credit account after marriage?
Once you’re married, the rules for how debt liability is divided are a little different. If you cosign a debt or open a joint credit account together, you would still share responsibility for those equally. Whether you’re both liable for a debt that’s in only one of your names after marriage depends largely on where you live.
Can a married couple have a credit card debt?
However, married couples have an express legal duty to disclose all assets and liabilities to the other party, regardless of whether the asset or debt is considered separately owned. This includes debts accrued by only one spouse. Unless established legally by agreement, there is no such thing as your credit card debt is yours, and mine is mine.
Who is responsible for unpaid credit card debt?
If any person holds a supplementary card on that person’s account, then under the credit card agreement, that person is normally held responsible by the credit card issuer for any unpaid debt on the account. That individual is also responsible to repay the bank card debt completely if the estate cannot pay the debt off in full.
