Legal Question in Family Law in Maryland

Debt Responsibility after Death of Spouse

If my debt is separate (in my name only and paid for only by me) and the same is true for my husband to include his home mortgage, would I be held financially responsible for his debt (both mortgage and credit cards, car/boat loans upon his death? He has been diagnosed with a terminal illness and I am trying to prepare for the immediate future.


Asked on 11/10/08, 12:05 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Debt Responsibility after Death of Spouse

You would not be responsible for any debts just in his name, except with the credit cards, if you were an authorized user and used them, you could be held responsible. With regard to secured debt, such as the home mortgage, or financing on a boat, if he defaults or payments are stopped following his death, the property could be repossessed or foreclosed upon in the case of real estate. So if you are living in his home, or if there is property left to you with equity, not keeping the payments up would be against your interest.

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Answered on 11/10/08, 12:17 pm


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