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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In the state of Ohio if married individuals have seperate ...

Resolved Question:

In the state of Ohio if married individuals have seperate credit card debt and one spouse dies is the other spouse responsible for debt not in their name
Submitted: 9 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 years ago.
The only way a spouse would not be liable for debts of the other spouse would be if they have previously declared the debts separate property. When someone dies in debt, the 1/2 of the marital estate goes to the surviving spouse directly and then the other half will be used to pay any of the debts and once those debts are satisfied then the heirs are able to inherit the remainder. But as long as you are married the spouses are liable for debt and support of each other.

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Customer: replied 9 years ago.
Reply to PaulMJD's Post: what if there is no insurance nothing to inherit and the credit cards are strictly in one persons name can they come after surviving spouse if there was no insurance or assets
Expert:  Law Educator, Esq. replied 9 years ago.
Yes, they can come after your assets as the spouse unless you had previously established a completely separate property regime.
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