LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

Credit Card Debt - Am I Liable For Dead Husband's Debt?

Discussion in 'Wills and Estate Planning Law Forum' started by Vivian, 10 February 2015.

  1. Vivian

    Vivian Member

    Joined:
    10 February 2015
    Messages:
    2
    Likes Received:
    0
    Do I need to paying back my died husband the credit card debts from the family home he have left to me?
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    335
    Hi Vivian,

    Whether or not you will be liable for your husband's credit card debts depends on a few things. Was your deceased husband the primary cardholder of the credit cards? Or were you a joint account holder or guarantor?

    Also was your home owned by both of you as joint tenants? Or did your husband own the house in his own name?

    Generally when someone dies, his debts will be paid out of his assets which are distributed under his will. Debts must be paid before any gifts are made. Therefore his credit card debts will be paid from his estate. However, your family home (assuming that it was owned by both you and your husband as joint tenants) the house will automatically transfer to you upon the death of your husband and it will not form part of his estate that will be distributed under his will.
     
    John R likes this.
  3. Vivian

    Vivian Member

    Joined:
    10 February 2015
    Messages:
    2
    Likes Received:
    0
    My husband has passed away and we are joined tenants for the home we lived in.
    He has the will to me only, but he had few credit cards (in his names only I have never used them) over the limits debt.
    Do I have to sell the house and pay his debt? Or only pay from his share? What should I do now?
    Thank you for the answer.
     

Share This Page

Loading...