Does a widow owe money from a sale to pay debt owed by spouse?

[Brian G.]

If a person is on title jointly with a spouse and their spouse dies, can the surviving spouse keep half of the equity after the property is sold if the deceased spouse owes more money than the equity remaining after a sale? Or does the entire equity amount have to be used to satisfy the debt of the deceased? This is in California. Thanks!

[Bill B.]

You’ll need a lawyer. But California is a community property state. And I think that means a community debt state as well. I BELIEVE the souse is liable for all debts incurred during the marriage. But this is simply IMHO. I don’t even play a lawyer on TV. 

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