Divorce (Cars & House)

[kimosilk]

What is the name of your state? TX

1). I have gone through our divorce. I have 2 cars in my name. Because the cars were purchased during the marriage. One of the cars was awarded to her with debt thereon and to get the car out of my name. It's been over 3 months and she's not paid a dime on the vehicle. Can I get my car back or how can I get my car back because the financial instute states that the contract is between me and them and not the X-wife. Can I force her to pay me for the months she's used the car since the decree stated that she take on the debt?

2). I gave the house up in the divorce to my X-wife. Both of our name is on the mortgage. It was decreed that she not foreclose on the house as well as refinance within 90 days or the house sold. It's past 90 days, she hasn't made a payment, my credit have been affected by it, she's just got qualified for HUD assistance which she's locked in for 4 more months. Can I force her to sell the house? Can I get the house back without having to pay the money that she never paid? Can I make her pay me back pay? I'm not concerned about getting equity in the house. I just don't want to be held on by her living in the house and not making payments.

Can someone please give advice?

[LdiJ]

Originally Posted by kimosilk

What is the name of your state? TX

1). I have gone through our divorce. I have 2 cars in my name. Because the cars were purchased during the marriage. One of the cars was awarded to her with debt thereon and to get the car out of my name. It's been over 3 months and she's not paid a dime on the vehicle. Can I get my car back or how can I get my car back because the financial instute states that the contract is between me and them and not the X-wife. Can I force her to pay me for the months she's used the car since the decree stated that she take on the debt?

2). I gave the house up in the divorce to my X-wife. Both of our name is on the mortgage. It was decreed that she not foreclose on the house as well as refinance within 90 days or the house sold. It's past 90 days, she hasn't made a payment, my credit have been affected by it, she's just got qualified for HUD assistance which she's locked in for 4 more months. Can I force her to sell the house? Can I get the house back without having to pay the money that she never paid? Can I make her pay me back pay? I'm not concerned about getting equity in the house. I just don't want to be held on by her living in the house and not making payments.

Can someone please give advice?

First, if you don't want your credit totalled you better make the payments on the house and car to bring them current. In the meantime, you need to take her back to court for contempt of court.

[Bali Hai]

Originally Posted by LdiJ

First, if you don't want your credit totalled you better make the payments on the house and car to bring them current. In the meantime, you need to take her back to court for contempt of court.

Filing contempt is almost pointless. The car and house loan is in his name and he ultimately will have to deal with the issue. The best the judge can do for him is to award him the car and house back.

[LdiJ]

Originally Posted by Bali Hai

Filing contempt is almost pointless. The car and house loan is in his name and he ultimately will have to deal with the issue. The best the judge can do for him is to award him the car and house back.

That is true in the case of the car. However the judge can order that the house be sold...and could give him a share of the equity in exchange for any money that he may have had to pay out. (if there is any equity)

[kimosilk]

Lets say if there's no equity in the house and we get the house appraise and find that we're 3,000 in the hole. Who's responsible for that if the house have been awarded to the x-wife?
Keep in mind that the house is in both of our names...

The car however is just in my name and no payment on her part have been made... I have been making payments on the car. Can the courts make her reimburse me for that?
Do I take her to property court with a small claims added to it to get my money back?

[Bali Hai]

Originally Posted by kimosilk

Lets say if there's no equity in the house and we get the house appraise and find that we're 3,000 in the hole. Who's responsible for that if the house have been awarded to the x-wife?
Keep in mind that the house is in both of our names...

Have you been paying attention here? The creditor will collect from whoever they have the loan contract with. The court can play the settlement banjo all it wants. The court cannot break that contract.

The car however is just in my name and no payment on her part have been made... I have been making payments on the car. Can the courts make her reimburse me for that?

The courts order and decree. Collection is another area of expertise.

Do I take her to property court with a small claims added to it to get my money back?

What does your attorney recommend?

[LdiJ]

Originally Posted by kimosilk

Lets say if there's no equity in the house and we get the house appraise and find that we're 3,000 in the hole. Who's responsible for that if the house have been awarded to the x-wife?
Keep in mind that the house is in both of our names...

The car however is just in my name and no payment on her part have been made... I have been making payments on the car. Can the courts make her reimburse me for that?
Do I take her to property court with a small claims added to it to get my money back?

Here is where the lines between family court/divorce court and legal financial contracts "blur".

The creditors are not parties to the divorce/marital property settlements, so for all practical purposes if the house is ordered sold...the sale isn't going to happen (if you are upside down) unless somehow, one of you comes up with the extra cash....you could end up in forclosure (and the corresponding damage to your credit) unless you come up with the cash to finalize the closing and get the mortgage gone.

If you aren't upside down then the family court judge can make orders designating where the equity goes...and title companies will honor that.

As far as the car is concerned....you are basically SOL if the loan is in your name only.
Yes, the judge can order her to pay you or pay it, and give you a judgement....however if she refuses to pay or has no assets that you can put a lien against you won't ever collect. As far as the finance company is concerned you are soley responsible and they will go after you and you only. If your ex isn't on the loan they couldn't go after her if they wanted to...they are legally prohibited from doing so.

Please realize that there are many different areas of law....and each area has its own rules....and one set of rules can't overcome another.

[kimosilk]

Thanks.... I do understand that I'm liable for the car. I was just looking at the fact that if my X-wife was awarded the car and she takes the debt with it and she hasn't paid. The judge at that point can force her to pay me for the usage of the car.. Same analysis if she rented a car. Upon returning the car. She's do payment of time used.

My Attorney suggest we take her to court, get the car back and request her Payroll Check be automatic debted because she haven't shown any means of paying on her own merit and this will solidify payment(s) do me for using the car.
She is however in contempt on both the house and car.

I don't really care much about the house if it forecloses because she's damaged just as much as I and she however fail to see that.

I'm wanting my car back because again. It's in my name SOLEY and If you all say that I'm fully responsible and I do know this....
Then I feel I should get my car back due to the fact that I have all documets presented from the Financial institute that she hasn't contacted their office to make payments arragements, etc...If she have to walk, then so be it. She's had all opportunities to have this car and to have it in her own name..... And she's failed to do so... It seems to be a deliberate act...

[LdiJ]

Originally Posted by kimosilk

Thanks.... I do understand that I'm liable for the car. I was just looking at the fact that if my X-wife was awarded the car and she takes the debt with it and she hasn't paid. The judge at that point can force her to pay me for the usage of the car.. Same analysis if she rented a car. Upon returning the car. She's do payment of time used.

My Attorney suggest we take her to court, get the car back and request her Payroll Check be automatic debted because she haven't shown any means of paying on her own merit and this will solidify payment(s) do me for using the car.
She is however in contempt on both the house and car.

I don't really care much about the house if it forecloses because she's damaged just as much as I and she however fail to see that.

I'm wanting my car back because again. It's in my name SOLEY and If you all say that I'm fully responsible and I do know this....
Then I feel I should get my car back due to the fact that I have all documets presented from the Financial institute that she hasn't contacted their office to make payments arragements, etc...If she have to walk, then so be it. She's had all opportunities to have this car and to have it in her own name..... And she's failed to do so... It seems to be a deliberate act...

I agree...you should get the car back....odds are a judge would also agree.

You should care about the house....because the house is a MAJOR issue on your credit report....probably the biggest credit issue of all....and the most easily repaired if the proper action is taken.

[kimosilk]

Thanks so much for your advice**************...... I really appreciate it....

I will take an extra step to care about the house... That is something to think about...

Thanks again...

[kimosilk]

I went to court, got another court date in May... They are giving me back my car because the X have made no attempt to pay and going back to court because she said she has paperwork underway to buy me out the house.. But talking to the mortgage company... What she has done is got HUD assistance and not a new Loan.... Can she now be forced to sell or can I opt to get the house???

[LdiJ]

Originally Posted by kimosilk

I went to court, got another court date in May... They are giving me back my car because the X have made no attempt to pay and going back to court because she said she has paperwork underway to buy me out the house.. But talking to the mortgage company... What she has done is got HUD assistance and not a new Loan.... Can she now be forced to sell or can I opt to get the house???

She can be either forced to sell or forced to refinance.

[kimosilk]

Okay.. The divorce degree already stated that she had to refinance 90 after signing decree. The 90th day was Feb 25th and she can't refinance because the loan isn't brought to current. The loan has to be current to be considered for refinance. She just made 2 payments in April to try and show that she's making some sort of payments. Can she be forced to sell? Can she be forced not to forelcosed? What can happen? What's the penelty for someone that's found In Contempt of Court??

[Ohiogal]

Originally Posted by kimosilk

Okay.. The divorce degree already stated that she had to refinance 90 after signing decree. The 90th day was Feb 25th and she can't refinance because the loan isn't brought to current. The loan has to be current to be considered for refinance. She just made 2 payments in April to try and show that she's making some sort of payments. Can she be forced to sell? Can she be forced not to forelcosed? What can happen? What's the penelty for someone that's found In Contempt of Court??

Penalty can be up to and including jail time. If you take her back to court the court can force her to sell. You can avoid foreclosure by paying the mortgage. You have been told this already in this thread.