kajunketch
recently joined
Reged: 07/28/04
Posts: 1
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I live in a community property state. In my community property settlement, that was a part of my divorce, my ex-husband was granted the asset and liability for a truck. According to this court document, he was to hold me harmless of liability and financial responsibility. 3 months after the divorce, he stopped paying the notes on the truck, abandoned it in a parking lot, and dropped the insurance on it. The mortgage company for the truck repossesed it, sold it at auction, and is now suing me for the remaining balance plus costs. The attorney for the mortgage company says that I signed the purchase agreement, and therefore I am responsible for the debt. He said that community property agreements are only and agreement between parties, and not a relief of the debt. I have just received a supeona to court. Why is it that when I'm married and my spouse makes a debt, I am responsible, but when I'm divorced and he is court ordered to pay the debt, he is not responsible? This is crazy!! I'm paying the other vehicle note, that the court ordered me to, and have no extra disposable income.
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TLL
recently joined
Reged: 10/04/04
Posts: 4
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When you go to court bring in the copy of the divorce paperwork showing he was liable for the truck, this might help. Also forward a copy of your divorce agreement to the mortgage company that you signed the truck note with, this should get them to stop the lawsuit against you. If possible also supply them with your ex's whereabouts if you know it, so they can pursue him for the remainder of the debt. Good Luck..
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Diane67
enthusiast
Reged: 08/14/04
Posts: 341
Loc: California
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I was at the bank today and was inquiring about my husband's truck. They said that for me to get my name off of the loan he would have to qualify for the loan by himself. The loan would then be reassigned to him. What the divorce decree says doesn't matter. The loan was made in both names and will remain so unless it is reassigned by him. :mad:
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aussie928
old hand
Reged: 10/29/04
Posts: 969
Loc: Dallas
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giving a copy of your divorce decree to any company that you signed a contract with does not get you out of that debt. All contracts supercede a divorce decree. Your only recourse is to sue your ex, this is where your divorce decree serves as evidence
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CONFUSEDINMN
newbie
Reged: 12/11/04
Posts: 32
Loc: South....
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Ditto to what Aussie said..Loan companies have absolute right to sue anyone signed on the original note. Family courts have no power to sever financial agreements made with loan companies. Your only recourse is to go back to court with your ex and try to get a judgement against him..
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"If you tell the truth you don't have to remember anything"
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