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Divorce2,540 views1 answerAsked 2 Apr 2026

What happens to my spouse's debt when they die?

My husband passed away last month. He had credit card debt and a personal loan. The bank is calling me to repay. Am I personally liable?

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Patricia N.

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J
Justibly Editorial Team

2 Apr 2026

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Your liability depends on your marital regime. Married in community of property: you share all assets AND debts. Married out of community of property: his debts remain his estate's debts only — creditors claim from his estate, not from you personally. Do not make any personal payments to creditors — the executor appointed by the Master of the High Court handles this. Consult an estates attorney immediately.

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