Legal Question in Wills and Trusts in California

I never knew about my wife secure loan.

Recently my wife passed away in an accident. We were seperated for over a year and during this time she obtain two credit loans. I've been told they are secure loans in which she put two vehicles as collateral. Later in time, we gave our married a second chances but never put our account together except for one. She had her bills and I had mine. She had her checking and I had mine. The only thing I did was to refinance one of the vechile she purchased when we were seperated, and put my name down to help her lower her intrest. As for the other vehicle I was asked to sell it by her and give her the money which I did. She use the money to pay off some of her bills. This is one of the vehicle she had on collateral. As for the other vechile I paid it off after her death due to I was obligated. I never knew she put this vehicle as collateral and I really don't think she really knew she did this. If I did I would never had put my name on her loan. My question is, what ground do this colletion company have. One of the vechile is gone, and the other is now paid off and is under both my name and hers. I'm sure one person can't put a vechile as collateral if they are making payments and don't have the title.


Asked on 6/11/04, 2:46 am

1 Answer from Attorneys
Jim McCullaugh Law Offices of Jim McCullaugh

Re: I never knew about my wife secure loan.

As a general rule, all assets and debts incurred while you are married in California is presumtively community property. You can try to challenge it. Suggest you seek legal counsel in your area.

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Answered on 6/15/04, 2:11 pm


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