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Thomas McJD
Thomas McJD, Attorney
Category: Legal
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Experience:  Legal Expert
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do I have to pay my dead wifes credit cards

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do I have to pay my dead wifes credit cards

Thomas McJD :

Hi, I'm Thomas and will be happy to assist you. My goal is to make you a very satisfied customer! Thanks in advance for your patience.

Thomas McJD :

Hi, I'm sorry to hear you've lost your wife. Were the cards in her name only (you were not a joint owner on the card)? Did you ever sign anything in regard to the card? Thanks.

Customer:

cards were in her name only.

Thomas McJD :

Sorry, one more question. Did she have the card before marriage or get it during marriage?

Customer:

she got them after marriage

Thomas McJD :

Okay, so the answer is a bit complex because Arizona is a community property state. If she incurred the debt during marriage for the benefit of you and her and/or your children, if any (i.e., the debt was incurred for the family), then the debt is considered a community debt. If it is a community debt, then all of her separate property (if any) and all of the community property of the marriage is at stake to pay for the credit card debt. That generally includes all income and property earned during marriage. If course, if you had any property before marriage or you inherited property, that property is your separate property and is not at stake to pay for the community credit card debt. Now, if the credit card debt was not community debt .....

Customer:

ok thank you

Thomas McJD and 5 other Legal Specialists are ready to help you
Sorry, my computer decided to shut down while I was saying that if the debt was NOT community debt, then only her separate property (if any) and her 1/2 of the community property would be at stake. Your 1/2 of the community property would be safe.

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