In plain English, a California surviving spouse can be personally liable for debts of the deceased spouse, only to the extent that the debts are chargeable against the community property of both spouses, and the separate property of the deceased spouse passing to the surviving spouse without formal probate …

Is surviving spouse responsible for credit card debt in Arizona?

Arizona is both a community property and a community debt state. If debts are contracted during a marriage, both spouses are considered responsible for the debt. It does not matter whether both names are on the account.

Who is responsible for deceased spouses credit card debt?

That means you will be responsible for your deceased spouse’s credit card debt, even if you’re not a joint account holder or authorized user on the card. The community property states are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin; in Alaska, spouses can choose to make their property community.

Can a spouse be held liable for credit card debt in Arizona?

Many people ask can a spouse be held liable for credit card debt in Arizona. Both spouses are equally liable for credit card debt incurred during the marriage regardless of whose name is on those credit cards and regardless of whether the other spouse was even aware of the credit card debt.

Who is responsible for paying off a mortgage in Arizona?

Her estate or her heirs can opt to sell the house and pay off the loan or keep the house and continue to pay on the mortgage. That holds true with any secured debt. Arizona is both a community property and a community debt state. If debts are contracted during a marriage, both spouses are considered responsible for the debt.

Who is responsible for a joint debt after death?

If the deceased dies with sufficient assets for a probate, the probate estate will assume liability for the debts. Joint debts are another exception. Anyone who was jointly liable on the account remains responsible for the debt. For example: husband and wife have a credit card account. If he dies, wife will be responsible to pay off the balance.