Start Your Divorce Today - Premium Divorce Online

Topic Options
#774086 - 11/20/17 12:53 AM Might have to go back to court, after divorce???
mk23 Offline
recently joined

Registered: 11/20/17
Posts: 2
I was divorced in Michigan January 23rd of this year 2017. My now, ex-wife. Has been late on car payments on a vehicle that's in both of our names. and isn't maintaining car insurance on the vehicle. In the divorce decree. It says she is responsible for that vehicle and owes me $5,000, which she hasn't paid. I went back to my attorney. my attorney suggested we go to court to reposes the car. to sell it. well the lone is for more than the car is worth. talking double the value of the car. my lawyer is telling me that if she crashes, I'll be responsible. I also can't really afford to make the car payments/insurance myself. I have my own bills. nor can I afford the $5,000 I would have to fork-over to have to sell the car, to clear the title. to maybe get bluebook value. I guess my question is, what should I do? Doesn't seem like they could go after me if she wrecks because, in the divorce decree it says she's responsible for it? What's the best course of action to move forward? I've never heard of going back to court after a divorce??

Top
#774095 - 11/21/17 07:58 PM Re: Might have to go back to court, after divorce??? [Re: mk23]
MinnesotaMom Online   content

old hand

Registered: 01/05/11
Posts: 791
Yes, they can go after you. Too late now, but it's imperative to get all financial entanglements separated before divorce as what's happened to you is very common. I'd file for contempt for her non-payment and let a judge order her (again) to pay, but this time he/she will add sanctions if she doesn't. Right now she doens't have any besides ruining her credit, which she doesn't seem to care.

Top
#774097 - 11/23/17 03:54 PM Re: Might have to go back to court, after divorce??? [Re: mk23]
TJMH Online   content

enthusiast

Registered: 07/17/15
Posts: 347
Neither the lender nor a civil liability court are going to care about your divorce decree. If your name is on the loan you're responsible for it, which is why a properly drafted property settlement would have required her to get you off of the loan within a specific period of time, by selling the car if necessary.

If you're worried about liability you can still transfer the title to her name only, although that would limit your leverage in being able to take possession of the car.

I'd agree, you need to go back to the court to get specific orders issued to deal with this.

Top

Moderator:  dsAdmin 


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: