Legal Question in Credit and Debt Law in Massachusetts

If person dies and owes a car loan & spouse can't make payments

My husband died 15 months ago and ha a car loan under his name that I cannot afford to pay any longer. What would happen if I had the car repossessed? Would they put a lien on our house or can they take me to court to try and get the money from me? thanks


Asked on 4/22/09, 2:51 pm

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: If person dies and owes a car loan & spouse can't make payments

I am very sorry for your loss.

I am assuming that you took possession of the car and assumed payments under the loan. Most likely, the car would be repossessed and the creditor would file a lawsuit against you for any deficiency.

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Answered on 4/22/09, 3:12 pm
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: If person dies and owes a car loan & spouse can't make payments

A spouse is liable for the debts and obligations of the deceased spouse only if the goods/services provided are "necessities".;)

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Answered on 4/23/09, 12:54 am


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