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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2677
Experience:  Litigation Attorney with education focus on estate planning and tax
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My husband died July 9 th of this year. Shortly before his

Customer Question

My husband died July 9 th of this year. Shortly before his death he bought a new truck. My name is ***** ***** the loan. I did a voluntary surrender with the truck as I could not make the payments on it. The truck went to auction and now I am getting a demand letter for the loan balance from the bank.
Do I have any recourse to avoid paying this thanks for your help....chris
Submitted: 2 months ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 2 months ago.

My name is ***** ***** I will be helping you today. Thank you for your question and for using justanswer.com.

Arizona is a community property state. Unfortunately, all debt incurred during the marriage, no matter by whom, is generally considered to be the community debt of both parties. Even though you were not on the loan, this debt is considered to be a community property debt and you are liable for it. This is an unsecured debt so they will need to get a judgment against you in order to collect. You might be able to negotiate the debt down but to answer your question, no you cannot avoid this unless you want to declare bankruptcy as an extreme measure.

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Expert:  Christopher B, Esq replied 2 months ago.

Was that the answer you were looking for? Please give me some feedback if not as I want to satisfy my customers. If you are satisfied, please rate my answer as this is the only way I will be compensated for my time by the site. See "rate an answer" on the following link for how to do so: http://ww2.justanswer.com/help/how-do-i-rate-answer-hl

Thank you in advance.

Expert:  Christopher B, Esq replied 2 months ago.

Just checking back in, do you have any further questions?