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Legal question
http://forum.homeschoolchristian.com/viewtopic.php?f=15&t=8732
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Author:  Sis [ Tue Dec 26, 2017 9:09 pm ]
Post subject:  Legal question

I recently paid a bill for dh but had forgotten how much he said it was. They said they couldn't give me that info because my name was not on the account. I said, won't i be responsible for it if he dies? (Common property state.) They said, well, yes, i probably would be. :roll:

I asked if a certain amount would be enuf and they said yes so i did pay the bill but now i'm really wondering if you can be held responsible for a bill/loan/whatever that you have nothing to do with? EVEN in a common property state?

How would i find out? I don't happen to know any attorneys.... or do i?

Author:  Anna1111 [ Tue Dec 26, 2017 9:21 pm ]
Post subject:  Re: Legal question

Well, a quick google yields this:

https://www.nolo.com/legal-encyclopedia/do-i-pay-late-spouses-debts-i-live-community-property-state.html

"Common property state" is more Greek to me than actual Greek! (but from skimming the article, it looks likely that you'd owe the bill). But - if this is how the law is, how are your bills private from one another? :?

Author:  LindaS [ Wed Dec 27, 2017 2:50 pm ]
Post subject:  Re: Legal question

Sis I believe that when you husband dies, you are responsible for his debt, and it might depend on what state you live in .

Author:  Tory [ Wed Dec 27, 2017 5:18 pm ]
Post subject:  Re: Legal question

It depends, so really you'd need to talk to an estate lawyer for your state. There were bills in my dh's name that I wasn't personally responsible for. It came out of his estate. And then only if they petitioned the court for payment. (bank loan, motorcycle payment, credit card).

Joint accounts bearing your name, you are responsible for. Utilities have to be paid or they will be disconnected no matter whose name they are in.
Anything you co-signed for, you are responsible for paying off.

Author:  Sis [ Wed Dec 27, 2017 10:43 pm ]
Post subject:  Re: Legal question

Tory wrote:
It depends, so really you'd need to talk to an estate lawyer for your state. There were bills in my dh's name that I wasn't personally responsible for. It came out of his estate. And then only if they petitioned the court for payment. (bank loan, motorcycle payment, credit card).

Joint accounts bearing your name, you are responsible for. Utilities have to be paid or they will be disconnected no matter whose name they are in.
Anything you co-signed for, you are responsible for paying off.


Yes. I realize anything i've AGREED to i will be responsible for. But his private accounts for toys? :evil:

Are you in a community property state?

Author:  Tory [ Thu Dec 28, 2017 6:31 pm ]
Post subject:  Re: Legal question

I think but I'm not positive. I know in a divorce a couple splits everything equal so I'm going to say yes.

Author:  Anna1111 [ Thu Dec 28, 2017 7:06 pm ]
Post subject:  Re: Legal question

The article I linked has a very nice discussion of the ins and outs (including listing all the states where this type of law applies). Check it out : )

Author:  Sis [ Thu Dec 28, 2017 9:57 pm ]
Post subject:  Re: Legal question

Anna1111 wrote:
The article I linked has a very nice discussion of the ins and outs (including listing all the states where this type of law applies). Check it out : )


Doesn't cover my main question. Why, since i would be responsible for his debt, am i not allowed to know what that debt is until he dies?! :evil:

Author:  Anna1111 [ Thu Dec 28, 2017 10:55 pm ]
Post subject:  Re: Legal question

And THAT is a great question - but more a philosophical than legal one. On that one, I'd contact my state legislature & ask them to write a law that gives you access to that info - because you're absolutely right!

Author:  Anna1111 [ Thu Dec 28, 2017 11:01 pm ]
Post subject:  Re: Legal question

Sis wrote:
Anna1111 wrote:
The article I linked has a very nice discussion of the ins and outs (including listing all the states where this type of law applies). Check it out : )


Doesn't cover my main question. Why, since i would be responsible for his debt, am i not allowed to know what that debt is until he dies?! :evil:


Of course, practically speaking, your DH can sign a document giving you access to almost anything! (for instance, a General power of atty, or putting your name as a permitted person for info on his accounts, etc)

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