Legal Question in Bankruptcy in Missouri

thank you in advance for your help , i am married , i do not own a house ,my wife is a home owner , i own older vehicles in mine and my wifes name and a very small bank account (joint) my question is , if i own a credit card (unsecured) in my name only , and i owe 15,000 charged to it , and pass away , would my wife be liable for the debt , and could they (creditors) come after her for the money owed , or would she be in any way liable for thie debt that i owe , thank you


Asked on 10/09/09, 8:36 am

1 Answer from Attorneys

Alicia Beeler Villines Alicia Beeler Villines (sole practitioner)

The short answer to this is "No, your wife would not be liable for the debts that only you owe." But the devil is in the details, and a number of credit cards have a clause in that tiny, light gray print that if anyone else ever uses the credit card, the user becomes liable for the entire balance, not just the purchase s/he charged. Also consider some possible scenarios if your wife dies--who gets the house, and if it's not you, where will you live? I'd consider consulting an estate planning attorney, or maybe a real estate attorney about how your wife could perhaps leave you a life estate and then leave the remainder (after you die) to whomever she would designate. And prepare your wife for the ugly reality that while she may not be legally liable, this fact will not prevent creditors from calling and suggesting that she should pay the bill.

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Answered on 10/09/09, 12:30 pm


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