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= Is my spouse responsible for my debt? = By Eugene S. Melchionne, Connecticut Bankruptcy Attorney on Mar 29, 2007 in Debt Collector Abuses, Connecticut, Marriage and Debt, General Bankruptcy Information For along time in the United States we have recognized that husbands and wives are separate legal entities. We may take for granted that women can own property in their own name or that a husband does not 'own' his wife. But we do accept that generally speaking, spouses are not responsible for each other's debts. They can file for bankruptcy alone. But is this entirely true? For the most part, yes. However, many states also have spousal support statutes which mean that a spouse is responsible for the other's health and welfare, meaning food, shelter, and medical care. The interpretation varies from state to state. Look for this to be the latest scam of debt collectors in trying to collect a debt. The debt collector will tell you that the credit card was used to buy clothing or purchases at the local drug store or something used for the house and therefore, you are responsible for that spousal support debt. Check out this article at the Association of Credit and Collection Professionals. Bankruptcy Basics: What Is An Adversary Proceeding? by Karen Oakes, Southern Oregon Bankruptcy Attorney Can They Still Take My Furniture, Jewelry, and Electronics after Bankruptcy? by Michael Doan What Is Zombie Debt and Why Is It a Problem? by Kent Anderson, Oregon Bankruptcy Attorney The Collection Agency Says They're Going To Garnish My Wages, Take My Car And Force Me To Sell My House To Pay My Debts: Can They Do That? by Douglas Jacobs, California Bankruptcy Attorney Violation of the Bankruptcy Discharge Injunction may have you seeing Green! by Carmen Dellutri, Attorney at Law

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Q: In California is the surviving spouse responsible for credit card debt if there is a living trust?
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Is a surviving spouse responsible in Oklahoma for Credit card debt of the deceased spouse if the living spouse never signed and document?

In Oklahoma, the deceased's estate is responsible. The spouse can be held as a beneficiary of the costs and by inheriting less from the estate.


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In Ohio, if the debt was owned jointly, then yes, you are responsible. If if wasn't, they cannot make you liable for another's debt. This is in Ohio. Credit reports are held in both owners name, if they are co-owners or own the debt jointly, such as a home mortgage. If the credit card is owned by spouse1 and spouse2 does not have permission to use it, then spouse1 is the only responsible person for that debt. Spouse2 cannot be held responsible - in all financial transactions in the state of Ohio, even if the debt has incurred from some other country or state. Wherever you reside determines the law for the consumer. Check your state for that.


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Stepparents are not responsible for their stepchildren.


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If there is a living trust upon death is the trust responsible for paying all the credit card debt?

No. Not unless the payment of debts was made a provision of the trust. Otherwise a decedent's estate is responsible for paying debts before any distribution can be made.


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