In Tennessee, are spouses legally responsible for each other's individual charge cards?
We are both residents of Tennessee. I have property and credit in my name only and my spouse has credit in his name only. He has charge cards with hefty balances; mine are paid every 30 days, have zero balances. I am concerned that because we are married, I could be held responsible for his bills. Should he die, do I have to take over his unpaid balances? We have some bank accounts in joint ownership with right of survivorship and we own vehicles that are in both names. Can a debtor tap those funds if he is deceased or if he defaults?
If the debts are solely in the name of your spouse, the only way you can be held liable for payment is through divorce and only then if the debts were incurred for the payment of marital property or reasonable living expenses of the marriage.
You do not have to take over his balances at his death, but if any of the debts are secured, the creditor has the right to repossess the secured property for non-payment.
If the creditor obtains a money judgment during the life of your spouse it can arguably reach into your joint account and take anything owing to them out of your account. Once your spouse has died the account will fully revert to you as beneficiary and creditors cannot reach into the account.
It would probably be a good idea to re-title your spouse's vehicle into your name to protect a creditor from attempting to attach the vehicle through court process for a debt owed. Of course, a creditor would have to obtain a judgment in court before it could legally avail itself of this remedy.
