Legal Question in Credit and Debt Law in California
Collection on a spouse's death
Hello, I would like to know if my mother would be responsible for my father's credit card debt even if my mother is not in any of the accounts? How does community property work and to prevent the creditors collecting from us? Any suggestions is greatly appreciated.
Asked on 7/07/06, 2:16 pm
1 Answer from Attorneys
Robert Mccoy
Law Office Of Robert McCoy
Re: Collection on a spouse's death
No, after a divorce, a credit card company cannot sue a former spouse whose name is not on a debt. Well, except when they can. For example, if all the debt is put in the husband's name, and all the assets in the wife's name, such could be construed a fraudulent conveyance under federal law.
Answered on 7/07/06, 2:46 pm
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