Legal Question in Credit and Debt Law in Missouri
My husband recently passed away and we have a home that is morgaged. My question is can a creditor force me to sale my house if I was not on his credit card accounts?
1 Answer from Attorneys
I am sorry to hear about your husband's passing. Hopefully, you have family and friends to help you through the greiving process.
Absent some sort of fraud, it is practically unforeseeable for a credit card lender to force a surviving spouse to sell a marital home, to satisfy credit card debts of the deceased. If you were not on the credit cards, then you probably are not even liable for most if not all of your late husband's credit card bills. The credit card creditors can force the opening of a probate estate for your husband, but they rarely do. Even if they do, it does not give them any more right to the assets of the estate, then if you opened the estate voluntarily.
Good luck