How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask RayAnswers Your Own Question

RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29259
Experience:  Texas lawyer for 29 years in Estate law
Type Your Estate Law Question Here...
RayAnswers is online now
A new question is answered every 9 seconds

My husband and I have kept separate bank account all our marriage

Resolved Question:

My husband and I have kept separate bank account all our marriage .. If one of us dies is the other responsible for their credit card debt and bills?
Submitted: 12 months ago.
Category: Estate Law
Expert:  RayAnswers replied 12 months ago.

Thanks for your question and good afternoon.

First off, New Jersey is not a community property state and you can't be held liable pursuant to the community property laws fro credit cards and other accounts solely in the other person's name.

The only exception is when there are medical bills Under the "doctrine of necessaries" which can make one spouse responsible for the other spouse's debts. In recent years this doctrine has been applied mainly to medical debts & some states have even abolished the doctrine.

However, this is what the New Jersey Supreme Court had to say about the doctrine: The court recognized marriage as a "shared enterprise and a joint undertaking" that is "akin to a partnership." As a result, the court held that a creditor who provides necessaries to one spouse can assume that the financial resources of both spouses may be used for payment; however, one spouse may only become liable for the debt when the resources of the other spouse who incurred the debt are insufficient.


So here any credit cards or other credit accounts the answer is no.If spouse has medical bills then a court might hold you liable under the doctrine of necessaries.As long as it is not say a medical or doctor bill only their estate is liable for such debts.

 

You have the right idea to the degree possible to keep your accounts here including credit and banking separate as to minimalize your liability.



I appreciate the chance to assist you today.Please let me know if you have more follow up.Thanks again.

 

 

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

Customer: replied 12 months ago.
Will I have difficulty accessing his or he my bank accounts. Also .. What about the house ... I'm on the deed not the mortgage. What purpose does that serve?
Expert:  RayAnswers replied 12 months ago.
The other spouse would have to open probate--file your will and be named personal representative.As long as you have a will this should not be anything more than a temporary problem until the probate court hears the application and issues letters testamentary to the other spouse..

Here with the house if you are on the deed you may be considered the owner.If you want the husband to have inheritance rights you would will it to him.He would transfer the mortgage to his name as part of probate.

As long as you have wills here there should not be any problem and only the person's estate is liable for any separate credit cards or other debts.In the event you decease and the house note is in his name then you have option whether to assume it or not.If it was say underwater it would be possible to let it go back.

Thanks for letting me help.Let me know if you have more.It is never a problem.
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 29259
Experience: Texas lawyer for 29 years in Estate law
RayAnswers and 5 other Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.