Spousal Responsibility for Credit Card Debt Before Death

Whether you are responsible for your spouse's credit card debt depends on two factors: where you live and how the card was signed. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin are community property states, meaning each spouse is responsible for all debts incurred. Community property laws vary by state. The second factor regarding responsibility for credit card debt is to whom the card was issued.

Co-signers are Liable

If you and your spouse were issued a credit card as co-signers, you are both responsible for the debt incurred. It does not matter which one of you signed for the purchases. Should card payments become delinquent, you will both be contacted by the credit card company, or worse yet, debt collectors. Each of your credit scores would also be negatively impacted by late payments or a failure to pay.

Authorized Users

An authorized user is a person who is permitted to use your credit card, but has no responsibility for the debts incurred. Although the card owner can ask the user to reimburse him for the debt, there is no legal ground to stand on. The sole responsibility for paying the debt falls on the shoulders of the card's owner or co-owners. Payments, either prompt or late, will affect only the owners of the card. Authorized users are often, but not always, the card owner's children living away from home. With the owner's consent, anyone can have his name added to a credit card as an authorized user, with no strings attached.

Community Property States

Rules regulating community property of married couples differ from state to state. After marriage, with the exception of a gift or an inheritance, all assets and liabilities are divided 50-50. Both parties are then liable for all debts incurred. In a community property state, the theory is that purchases are made to benefit both parties, so both should share in paying for them.

Forgiven Debts

There are instances where one spouse purchases a very expensive item, such as a motorcycle or jewelry, that did not benefit the other spouse. In the event of the spouse's death, the charges for these purchases might be forgiven.