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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38225
Experience:  17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Married couple not living together for more than 20 years:

Customer Question

married couple not living together for more than 20 years: is the surviving spouse responsible for sole debt of the expired spouse?
JA: What state are you in? It matters because laws vary by location.
Customer: Hawaii
JA: Has anything been filed or reported?
Customer: Rhetorical question only...both are alive but the one spouse who is dying has run up a debt which is of concern to the other spouse. Both own a home in their name.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 5 months ago.
Category: Legal
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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is the surviving spouse responsible for sole debt of the expired spouse?

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No, Hawaii is not a community property state so any debts incurred by either party are their sole responsibility, or their estate's, if they should pass.

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So the surviving spouse wouldn't be liable for the other spouse's debts unless they were a co-signer or guarantor for any debt.

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thanks

Barrister