War5oldier1d ago

Is an individual's unpaid debt rescinded when they passed?

https://lemmy.world/post/44509973

Is an individual's debt rescinded when they passed away? - Lemmy.World

The scenario is like this: boyfriend has unpaid debt (either from loansharks or the bank themselves) however he died from a terminal illness before debt collectors can get to him, but does his death automatically “erase” the unpaid debt he owes as he’s gone? The thing is, they can’t pursue him as he’s literally dead. The contract he signed prior to death only bares his name (meaning the debt can’t be passed down to either his girlfriend or family) as he’s the only signatory listed on paper (while his family are not signatories). Debt collectors or loansharks show up to his residence only finding out from his girlfriend that he passed away (she has his death certificate to prove it), she reiterates that his debt can’t be paid the “conventional” way as he’s no longer alive to do that.

Show threadZwuzelmaus1d ago

finding out from his girlfriend that he passed away

She should not talk so much to such kinds of people.

certificate to prove

she reiterates

“He does not live here anymore” should be enough. And a back turned on them. No more word! And of course no offer to prove anything.

She does not owe them money.

She does not owe them proof.

She does not owe them explanations.

She does not owe them her time.

Show threadAskewLord1d ago
Except if they were married.
Show threadZwuzelmaus

depending on the state, they could be legally married by default.

Never heard that before … very interesting to know.

But would OP say boyfriend and girlfriend all the time then?

Mar 20 at 7:27pmWeb
Show threadAskewLord1d ago
What they say doesn’t matter. The laws of the state matter, and also if the debt collector is going to go to court to argue for the case to get the debt. They’d have to make a case that proved cohabitation or collective ownership of the assets.
Show threadIamtheMorgz1d ago
It should be noted that common law marriage is EXTREMELY rare. If you call them your boyfriend/girlfriend instead of your spouse, you’re (at least in states I’ve looked into) not ever going to be common law married. If you never hold some kind of ceremony, you aren’t common law married. It’s actually way more complicated than just living together.
Show threadAskewLord7h ago
yeah it is rare, but it terms of money it does get argued for things like alimony.