Do I Have to Pay for a Credit Card With My Husband's Name on It When He Passes Away?

The death of a spouse is a difficult enough event without worrying about how your spouse's debts will affect you. If your husband has racked up credit card debt, your responsibility for servicing this debt after his death will often depend upon when the credit cards were issued, who used the cards and the state where you reside.

Pre-Marriage Debt

If your husband's credit card debt was contracted prior to your marriage, you will not be responsible for paying off the debt after his death. Debts contracted by one spouse prior to marriage do not become the responsibility of the surviving spouse unless the surviving spouse's name was added to the account after the marriage. So, if your name was never added to the credit card account before your husband's death, you are not responsible for repayment of the debt.

Debt During Marriage

Debts such as credit card bills incurred during the marriage that are contracted in only one spouse's name are generally only the responsibility of the contracting spouse, with certain exceptions. If your husband applied for and used the credit card without your cooperation or knowledge, you are likely not responsible for the debt. However, if you were listed as a co-signer or user on the card, you may have to repay the debt.

Community Property States

In states that recognize community property laws, you may be responsible for your deceased husband's credit card debt even if your name was not on the card and even if you did not know about it. If you live in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin, your husband's creditors can come after you for repayment of the debt even though you were not a party to the contract for the debt.

Estate Woes

Even if you live in a state that does not recognize community property laws, or you did not know about your husband's debt, you may have to repay the debt through your husband's estate. If your husband left money in his estate that is not encumbered to you or another heir, the creditor may attempt to recover the debt from the estate. It's advisable to speak to an estate attorney in situations where the deceased spouse has outstanding debt and has left his estate unencumbered.