Do I Have to Pay My Deceased Spouse's Credit Card Debt in Ohio?

The loss of a spouse is painful enough without having to settle his debts. In most cases, the estate pays the deceased's debts, but in some cases, a creditor can demand that the spouse pay. If you're an Ohio resident, your responsibility for your late spouse's credit-card debts may depend on whose name is on the account and what he spent the money on.

Common-Law

Ohio is a common-law state: If one spouse earns assets or incurs debts in her name alone, then those debts are her responsibility. If your spouse used the credit card for spending that benefited the marriage -- buying food, shelter, child care or paying utility bills, for example -- a creditor might be able to hold you responsible. Courts have disagreed over which expenses are covered by this rule, so your liability might depend on a judge's decision.

Ownership

The credit card company may be able to demand payment from you if you and your spouse shared a credit-card account, says Ohio attorney Thomas Taneff. If you had a joint account, you may be fully liable for the balance, even if your spouse ran up the bill for personal items. If the company placed a judgment lien on any property you and your spouse co-owned, your spouse's death would not eliminate the lien.

Collection

Even if you're not liable for your husband's debts, you may have to deal with a bill collector claiming you are. Ohio law bars debt collectors from using unethical tactics to collect. These include threats, contacting you at inappropriate times or telling you that you owe money when you don't. In addition, the Federal Trade Commission (FTC) specifically bans debt collectors from misleading widows and widowers into thinking they're responsible for their spouse's debts. Contact the Ohio Division of Financial Institutions or your local prosecutor's office if you have a complaint.

Probate

The responsibility for paying the debts will usually fall to your spouse's executor, who will settle them out of the estate. Ohio law gives creditors six months to file a claim against the estate; if a creditor misses the deadline, he loses his right to collect. The executor will check that claims are valid, use the estate's assets to pay them off and distribute the remaining assets according to the will. If the credit-card debt was entirely the deceased's responsibility and the estate can't cover the bill, the issuer will have to write the money off.