My daughter has passed and has credit card debt. She was Georgia common law marriage. Who, if anyone, is responsible for her debts?

Fr_Chuck

no one, ( Georgia , at least the one in the US) does not actually have a commom law marriage any longer. So unless she was living with him from years and years ago, She had a boyfriend she was living with.

If she owned property, or if she had money in the bank, her estate will need to be settled. If she had a will, then what she asked in the will, if not probate court would decide who would be the exector of her esate.
If there is money in her estate, her last expense and her bills outstanding are paid from that.

Assuming there is no money or estate, Send the bill along with a copy of the death certificate back to them and tell them she has passed.

RichardBondMan

Only her estate.

CaptainForest

Fr Chuck,

You are only partially correct.

From what I remember, while GA does not have common law marriage, they do recognize common law marriage from another state.

I believe it is 9 or 13 US states that have common law marriage, but if you are in a common law marriage and move to a non common law marriage state, most, if not all recognize your common law marriage.

RichardBondMan

I cannot understand why marriage, common law or legal marriage has anything to do with who is responsible for the deceased debts. I am assuming the surviving common law partner did not cosign or otherwise assume responsibility. Her debt is her debt, no one elses' debt unless they cosigned or otherwise assumed responsibilty. Since she is deceased, it's her estate that would be liable.

CaptainForest

Usually, when 2 people are married, they share in the income.

For example, half of what the husband earns is his wife’s and vies versa.

The same is true somewhat for debts.

Furthermore, with most credit cards there is a line that states in the contract that states that the users spouse will also be responsible for the debt outstanding.

In a marriage, you are legally joined, you share income, expenses, etc.

You share any debts that are obtained DURING the marriage.

kp2171

also, remember, even though the estate is responsible that does not mean the creditors will all demand to be paid in full.

my wifes father passed just over a year ago. he had some outstanding credit debt. notices of his passing was sent to the creditors. a surprising amount of them have either not asked for settlement or have settled for a fraction of the debt. i believe once they are given notice there is a limit on the time when they can claim debt is owed.

wish i could give more details. just wanted to give this insight. i was actually quite shocked to see how much of the debt is likely to be let go. its almost like its to ones advantage (financial, not necess moral) to carry debt later in life... sure the estate might be liable, but if they are settling for 30% or less of the debt its pretty crazy.

RichardBondMan

I tend to strongly disagree with CaptForest and I am not an accting expert. For example I make slightly more income that my wife but use about 80 of her net income to pay MY bills, Ha ! Just joking ! but I cannot believe that if I refuse to pay my obligations (ones that only I signed for ) that they would ask or demand or file suit againt my spouse. It's just not that way now. I know of no agreement in the fine print of the legal contract of my credit card that says she will be responsible - its just not that way now. Now my pay check is my pay check and her is hers and I have no legal rights to her pay check and vice versa. My name is on my pay check and her name is on hers. Never have I had one of my employers issue my pay check with her name on it also in addition to mine. In day to day reality, we do both assume responsbility to pay each others debts but have no legal contractual obligation to do so. When we married, no where did I sign agreeing to be legally liable for her debts and vice versa, she didnt sign anything that she agreed to be legally contractually liable for my debts. But for sure, I have paid her debts with my money and she had paid my debts with her money.

CaptainForest

You can disagree all you want.

Don’t take my word for it, take Suze Orman’s word. Her Call-in Personal Finance show airs Saturdays at 9pm on CNBC.

I typed out the following transcript from a recent episode that just aired.

A woman called into the show. She is married and had taken out credit cards in her name only in the last few years (while she was married).

She told her husband she had racked up a couple of thousand dollars of debt, but in fact, she had accumulated $20,000 in credit card debt.


What do you think a marriage is? Just a religious thing?

It is the combination of 2 people into 1 legal unit. Granted that is an oversimplification of it and all.

But the fact is, both spouses are equally responsible for what happens when you are married.

If you do not trust your spouse, then do NOT marry them.

Another caller Suze had, her husband had a gambling problem. His problem was a very old one, but she didn’t know about it when they got married. Suze’s advice. Get him into counselling and also consider a legal separation and/or divorce. You can still live with him, just make sure you are not going to be responsible for any more debts he gets into.