Is a wife liable for deceased husband debts?
Matthew Harrington
Updated on January 22, 2026
You are not automatically responsible for the debt of a husband, wife or civil partner. The only time you would inherit your loved one’s debts after their death is when the debt is also in your name, such as a joint mortgage. Otherwise the debt will be paid from the Estate of the deceased.
Who is responsible for a deceased person’s debt?
As a rule, a person’s debts do not go away when they die. Those debts are owed by and paid from the deceased person’s estate. By law, family members do not usually have to pay the debts of a deceased relative from their own money. If there isn’t enough money in the estate to cover the debt, it usually goes unpaid.
What happens to my husbands debt when he dies?
When your spouse dies, their debt survives, but that doesn’t necessarily mean you’re responsible for paying it. The debt of a deceased person is paid from their estate, which is simply the sum of all the assets they owned at death. Community property states generally hold spouses responsible for one another’s debts.
Can a spouse be responsible for a deceased spouse’s debt?
If state law requires a spouse to pay a particular type of debt. If state law requires the executor or administrator of the deceased persons estate to pay an outstanding bill out of property that was jointly owned by the surviving and deceased spouse.
Who is responsible to pay off the debts of a deceased person?
As a general rule, no one else is obligated to pay the debt of a person who has died. There are some exceptions and the exceptions vary by state. As a general rule, no one else is obligated to pay the debt of a person who has died.
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.
Can a debt be in only one name after marriage?
This sharing equally is whether you’re both liable for a debt that’s in only one of your names after marriage depends largely on where you live. If you live in a community property state, most debts incurred after marriage may be treated as belonging to both spouses.