questions & answers

Question: My father is dying of cancer. My parents bought a new car 2 years ago. The car is in my father's name. When my father dies, my mother won't be able to afford the car payments and the car is worth less than the balance owed. They live strictly on Social security. There won't be any inheritance or such. Is my mother responsible for the debt of the car after my dad dies even though the car isn't in her name?

Answer:

The answer is  no social security cannot be garnished. 

Unfortunately, an answer depends on many different factors, including whether your parents were married when your father purchased the car. Arizona is a community property state, so generally, each spouse has the ability to bind the community with debt unless the property falls within some of the designated exceptions to the rule.

However, keep in mind that this is really general information. You may want to speak with an attorney to find out the specifics of your situation since the result can vary based on the specific facts in your situation. They can be exceptions to general rules and you may want to see whether an exception applies in your situation.