Is my husbands debts mine. We were married from 1984 to 2013, and had his truck only in both names. Now I'm being sued.

Asked 3 months ago - Surprise, AZ

How is this possible that I am being sued for his debts solely due to having the same name ?

Attorney answers (3)

  1. Andrew M Ellis

    Contributor Level 13
    Best Answer
    chosen by asker

    Answered . Yes. Both you and your husband are legally responsible for debts either of you took on during the marriage, regardless who took out the loan or whose name it is in. There are a few exceptions to that rule, but those exceptions do not include a truck loan.

    The information contained in my answer is provided for informational purposes only, and should not be construed as... more
  2. Barry W. Rorex

    Contributor Level 15

    2

    Lawyers agree

    Answered . Arizona is a community property state. This also means that any debt acquired during the marriage by either party is presumed to be community debt. This presumption may be overcome but it is the defending spouse's obligation to show that the particular debt is an exception to the community property assumptions. Debt collectors are entitled to initiate collection attempts against either of the spouses. Depending on the type of debt, the age of the debt, when and how it was acquired, there may be other defenses. If this alleged debt is greater than a few hundred dollars, I strongly recommend you seek advice from a consumer attorney to determine what options may be available.

    Please note that any comments made are intended as general information only and not specific legal advice. No... more
  3. Dwayne M Farnsworth

    Contributor Level 14

    Answered . It is possible for a creditor or debt buyer to SUE you for a debt . The question is can they win the suit. They will win if you do nothing! There are defenses that you could raise as long as you raise them in a timely and proper way. DO NOT WAIT! Act immediately. I recommend that you have a consumer bankruptcy attorney (or civil litigation attorney) review the documents that were served on you ASAP. Generally speaking, if a debt is incurred by either spouse WHILE LIVING IN A COMMUNITY PROPERTY STATE (Arizona is) it is presumed to be for the benefit of the marital community and a creditor could try to collect (or sue) either spouse. Trust me, you need the advice of an experienced attorney as soon as possible. I recommend on Monday when legal offices open. Good Luck!

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