QUESTION

Husband cosigned for a car loan and I need to know the legal ramifications for me.

Asked on Aug 12th, 2014 on Contracts - Tennessee
More details to this question:
My husband cosigned on a car loan for my step-son. If my husband were to pass away would I, then become responsible for a loan he cosigned for since it occurred during our marriage?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Assuming that the law of Tennessee is the same as the law of New York in this area, you personally would not be liable on the loan, or any other personal obligation of your husband other than what are considered "necessaries."  For example, if your husband was treated for a heart attack, you would probably be personally responsible for the medical bills if he, for whatever reason, couldn't pay, but you would have no personal responsibility for his "fruit of the month club" subscription. While you personally would not be responsible for the loan, your husband's estate would remain liable which, if you are the sole beneficiary of the estate, might amount to the same thing in practical terms.
Answered on Aug 12th, 2014 at 2:57 PM

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