Legal Question in Wills and Trusts in Oregon
Spouse leaves debts, no will
1. If my spouse dies(no will), am I responsible in any way for credit card debts incurred prior to our marriage? My name is not on any of his credit cards. 2. He has added me to the title of the house (not the loan) - are his two adult children entitled to 1/2 of the equity in the house?
1 Answer from Attorneys
Re: Spouse leaves debts, no will
1. You are not personally responsible for debts that are solely in his name like his credit cards. However, if you and he had jointly owned assets, you may be required to use some of those assets to pay his debts, depending on how the two of you had title to those assets.
2. The ownership of the house depends on how it was titled. When he added you to the house, it may or may not have resulted in a survivorship right. In order to keep the house, regardless of how you hold the interest, you will need to make the payments to the mortgage company, because whatever ownership you have is subject to the mortgage company's loan and it can foreclose if you don't pay.
Our office regularly advises parties about their rights following a death and we offer a low cost consultation. Please give us a call.
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