The assets and debts you enter marriage with typically remain your own separate property. But after the wedding, things change depending on your stateâs laws. Common law states keep most new debts made after marriage separate, though community property law states view both spouses as equally responsible, even if itâs only in your spouseâs name.
When you get married, youre ideally signing up for a lifelong partnership that involves creating a home as a pair and working together toward shared goals. However, one thing you might not look forward to sharing upon marriage is each others debts.
Any assets or debts you enter a marriage with are considered your own separate property forever, unless you commingle them with shared funds or add your spouse to the account. To be fair, whether you have to pay for your spouse’s debts after you got married depends on where you live and whether you co-borrowed the money.
The death of a spouse is an extremely difficult time, both emotionally and financially. One of the many things the surviving spouse must deal with is any debt left behind by the deceased. This raises an important question – do spouses inherit debt when their partner dies?
The short answer is, it depends. There are a number of things that determine whether or not a surviving spouse is responsible for the debts of the deceased spouse.
How Debt is Handled After Death
When someone passes away, their debts do not just disappear. The debts must be repaid by the deceased person’s estate. An estate is comprised of all the money, assets and property left behind by the deceased.
The executor, who is the person assigned to handle the estate, uses the assets of the estate to pay off any outstanding debts. This is done before any assets are distributed to heirs or beneficiaries.
In most cases, the debts are not passed directly to the surviving spouse. The debts are paid for by the estate, not the spouse who died.
However, there are some cases where a surviving spouse can become responsible for a deceased spouse’s debt.
When a Surviving Spouse May Be Responsible
Here are some of the main situations where a surviving spouse may have to pay off their deceased spouse’s debts
-
Those who co-signed on loans with the deceased spouse are still responsible for paying back any loans that they co-signed on. This includes mortgages, auto loans, and personal loans.
-
Joint Accounts: Debts associated with joint accounts, like credit cards or utility bills, must be repaid by the surviving account holder.
-
Community Property States: In the nine community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin), spouses are responsible for certain debts incurred during the marriage.
-
Estate Executor Liability: In some states, if there are not enough assets in the estate to repay debts, the executor may be held liable. If the surviving spouse is executor, they could become responsible.
-
Necessities Statutes: Some states have laws making spouses responsible for necessities like medical bills.
Unless one of the above situations happens, the surviving spouse usually isn’t responsible for debts that only belong to the deceased spouse.
How Creditors Collect Debts from Surviving Spouses
When someone dies leaving unpaid debts behind, creditors have a right to collect payment from the deceased’s estate. Here is how the debt collection process typically works:
-
Creditors file claims against the estate within a certain timeframe, depending on state probate laws.
-
The executor reviews claims and prioritizes repayment based on state law. Secured creditors and domestic support obligations get paid first.
-
The estate assets are used to repay as much debt as possible. If any assets remain, they pass on to beneficiaries.
-
Creditors have no claim against beneficiaries who inherit assets unless exceptions like co-signing apply.
-
If the estate does not fully repay debts, remaining balances are generally canceled, except for exceptions noted above.
Creditors cannot try to collect debts from a surviving spouse who is not liable. But they can contact the spouse to provide information about the deceased’s accounts and debts owed.
The surviving spouse has certain debt collection rights, like requesting validation of the debt. A spouse is not obligated to pay from their own assets unless they are personally liable via one of the exceptions.
Tips for Surviving Spouses Dealing with Debt
Handling debts after a spouse’s passing can be complicated. Here are some tips to make the process easier:
-
Consult an attorney – Get guidance from a probate attorney in your state to understand debts you may be liable for.
-
Organize debts – Make a list of all debts owed by your spouse to get an overview of what needs to be repaid.
-
Notify creditors – Inform your spouse’s creditors of the death and provide a copy of the death certificate. This can stop collections until probate concludes.
-
Prioritize payments – If you are responsible for some debts, focus on paying secured debts and necessities first.
-
Explore relief options – If debts are unaffordable, consider debt management or settlement plans that can reduce balances.
-
Protect yourself – Don’t make payments from your own money without legal advice, as this could make you liable for debts you aren’t responsible for.
While spouses do not directly inherit each other’s debts, there are cases where a surviving spouse may have to repay debts if they were jointly held or exceptions under state law apply. Seeking legal and financial guidance is crucial to ensure debts are properly handled.
Do You Share Debt Incurred During Marriage?
Debt thats obtained during a marriage is treated differently depending on whether your state abides by common law or community property law. Even if you and your spouse keep your finances separate, the state law has the final say on who owns what.
Note that in this context, “property” is a legal term that isnt limited to real estate or tangible goods; it also means debts, earnings and financial assets.
How Community Property States Handle Debt After Marriage
Nine states use a different legal framework called community property (see below). In these states, married couples are viewed as jointly and equally owning nearly everything together.
Debt assumed during your marriage is understood to be “community” responsibility, with each spouse under equal obligation for repayment. No matter whether both spouses agreed to the debts, or even whether both knew about them, both are equally responsible to cover them. Assets and income are also considered equally shared. Upon your spouses death, you may remain responsible for debt if it was considered community property.
There are some exceptions; for example, inheritances belong exclusively to the person who received it, unless they commingle it in a joint account they share with a spouse.
Is a Spouse Responsible for the Debts of Their Deceased Spouse?
FAQ
Can you inherit debt if a spouse dies?
Statistically speaking, almost three out of four people are going to die with debt, which raises a very real concern for spouses and children of the deceased: Can you inherit their debt? Good news: In nearly all circumstances, you won’t!.
Who is responsible for my spouse’s debt if he dies?
When a partner dies, a surviving spouse often asks, “Am I responsible for my spouse’s debt?” In most cases, the answer is “No — you are not responsible for the debt of a deceased spouse. ” However, there are exceptions, and your deceased spouse’s estate likely is responsible for paying those debts. Do I inherit my husband’s debt if he dies?.
Do you have to pay debt if your spouse dies?
The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) both say that family members usually don’t have to use their own money to pay off the debts of a deceased relative. This includes credit card debt, student loans and more. When are you responsible for your spouse’s debts?.
Can debt be inherited?
Almost 75% of people die with debt, raising concerns for spouses and children about whether that debt can be inherited. Usually, the assets in a person’s estate are used to settle their debts at the time of death.
Can you inherit a parent’s debt?
“Credit cards and other unsecured debts are usually discharged first in this situation. Still, secured debts that are tied to assets (like a house) must be paid off by selling or refinancing the asset. It depends on the type of debt and the laws in your state as to when you can inherit a parent’s or spouse’s debt.
Who is responsible for inherited debt?
Inheriting debt may seem overwhelming, but most debts are settled through the estate and are not passed down directly to family members. Children and spouses typically aren’t responsible for debt unless they co-signed a loan, live in a community property state or fall under specific filial responsibility laws.
Is wife liable for deceased husband’s debt?
Do I have to pay my deceased mother’s credit card debt?
Can they come after me for my spouse’s debt?
Generally speaking, you can’t be pursued for your spouse’s debt unless you live in one of the nine community property states (Arizona, California, Idaho, …May 8, 2025
How do I protect myself from my husband’s debt?