Legal Question in Credit and Debt Law in California
community property and credit card debts
I live in california, a community property state.
Husband passed and left me with $150K of unpaid credit cards in his name only ( I'm not even an authorized user and didn't know the existence of the credits cards debts).
We own a house as ''community property with right of survivorship''.
Are they going to sell the house to get paid?
1 Answer from Attorneys
Re: community property and credit card debts
Unless there is a lien already recorded against the house, the creditors can only go after your husband's estate. As the home is not part of your husband's estate, the creditors cannot probably go after it. However, it is imperative that you immediately record an affidavit of death of joint tenant with the County recorder's office to get you late husband's name off title. Other assets that are part of your husband's estate, bank accounts, stocks and bonds, cars, tools, etc., his creditors can go after, even if those items are held in your name alone.
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