Legal Question in Credit and Debt Law in Massachusetts

Husband's credit cards

Is a wife responsible for her husband's credit card debt in the event he should die. My name is not on the accounts as an additional cardholder.


Asked on 5/04/08, 7:45 am

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Husband's credit cards

In addition to what was said by Attorney Tatoian, there are rules which govern how and when creditors may attempt to collect certain debts of the deceased.

If your husband has recently passed away, and you are being told that you are responsible for the debt, you should speak with an attorney right away.

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Answered on 5/05/08, 11:47 am
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Husband's credit cards

Generally speaking, pursuant to Massachusetts General Laws, Chapter 209, Section 9,contracts made by a married woman relative to her separate property [...] shall not bind her husband or render him or his property liable. As a caveat, generally speaking, both spouses are liable for necessaries furnished with their knowledge and consent, subject to certain statutory limitations. Thus, the question of liability depends on the nature of the debt (whether the debt was incurred for 'necessaries' or otherwise).

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Answered on 5/04/08, 8:21 pm


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