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  #1  
Old 10-23-2005, 06:38 PM
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Join Date: Oct 2005
Posts: 1

Divorce decree


What is the name of your state? Texas.

I was divorced Aug. '04. In the divorce I agreed that my ex-husband could keep the one of the cars, providing he make timely payments, which he has honored. (both car loans, title and registration are soley in my name as he has poor credit.) The divorce decree states that car, (vin # listed ect.) keys, papers, and accessories, provided it was properly insured, were awarded to him. He and I discussed (unfortunately not on paper) that he would either pay off the car within 90 days or he would re-finance it in his name. Which he has done neither and it has been over a year.

Shortly after our divorce he was fortunate enough to find someone to co-sign for a loan, but not the car note I have been carrying. ANOTHER car loan for a $100,000. Bently.

After several e-mail requests and inquries regarding his intentions to re-finance the loan I'm carrying for him in his name or pay off the loan, he responded that he would hopefully have it paid off in 90 days. That was over 90 days ago. Status still the same.

I sent another e-mail proposing that if he and his new wife were unable to find financing perhaps we should discuss arrangments for me to assume ownership of the car, since everything is already in my name (including the parking ticket HE got.) No response. So I resorted to a phone call to his home, very peasant, just business stating the facts that I could not get approved for a loan for myself based on the current situation - could he please try to take care of it as soon as possible or let me know what his intentions were.

He e-mailed me back stating: "Pursuant to the final divorce decree all rights and title to the car have been awarded to me. My wife and I have discussed this situation and are unable to accommodate your requests. The note will be timely settled. Do not ever contact me again, do not call my home, my business, my cell phone or e-mail me. If you wish to contact me again have a lawyer call me and I will give them my lawyers phone number."

Now what? I read over the divorce decree and it stated, "car; make & model blaah blaa vin #blaaah blaa, keys, papers and accessories", but "papers" were not defined specifically. According to the loan company I can terminate the loan and they'll basically repo the car but then it will reflect on my credit. Any advice?

Another note: He re-married, 8 months after we slpit up, I believe this is wife number 5. (A number I recently discovered.) After a plea for him to return my diamond wedding band as well as my 4-year diamond-saphire anniversary ring (which he had set, stone by stone, specifically made for me.) he refused. His new wife number 5 now WEARS both of my rings daily as casual jewelry - not as her wedding bands. (I don't think she is aware they were once mine.) any loop hole in the law which I can recover them? )

Thanks for any direction anyone can point me in.
  #2  
Old 10-23-2005, 07:21 PM
Senior Member
 
Join Date: May 2004
Posts: 43,077
Quote:
Originally Posted by The Last Word
What is the name of your state? Texas.

I was divorced Aug. '04. In the divorce I agreed that my ex-husband could keep the one of the cars, providing he make timely payments, which he has honored. (both car loans, title and registration are soley in my name as he has poor credit.) The divorce decree states that car, (vin # listed ect.) keys, papers, and accessories, provided it was properly insured, were awarded to him. He and I discussed (unfortunately not on paper) that he would either pay off the car within 90 days or he would re-finance it in his name. Which he has done neither and it has been over a year.

Shortly after our divorce he was fortunate enough to find someone to co-sign for a loan, but not the car note I have been carrying. ANOTHER car loan for a $100,000. Bently.

After several e-mail requests and inquries regarding his intentions to re-finance the loan I'm carrying for him in his name or pay off the loan, he responded that he would hopefully have it paid off in 90 days. That was over 90 days ago. Status still the same.

I sent another e-mail proposing that if he and his new wife were unable to find financing perhaps we should discuss arrangments for me to assume ownership of the car, since everything is already in my name (including the parking ticket HE got.) No response. So I resorted to a phone call to his home, very peasant, just business stating the facts that I could not get approved for a loan for myself based on the current situation - could he please try to take care of it as soon as possible or let me know what his intentions were.

He e-mailed me back stating: "Pursuant to the final divorce decree all rights and title to the car have been awarded to me. My wife and I have discussed this situation and are unable to accommodate your requests. The note will be timely settled. Do not ever contact me again, do not call my home, my business, my cell phone or e-mail me. If you wish to contact me again have a lawyer call me and I will give them my lawyers phone number."

Now what? I read over the divorce decree and it stated, "car; make & model blaah blaa vin #blaaah blaa, keys, papers and accessories", but "papers" were not defined specifically. According to the loan company I can terminate the loan and they'll basically repo the car but then it will reflect on my credit. Any advice?

Another note: He re-married, 8 months after we slpit up, I believe this is wife number 5. (A number I recently discovered.) After a plea for him to return my diamond wedding band as well as my 4-year diamond-saphire anniversary ring (which he had set, stone by stone, specifically made for me.) he refused. His new wife number 5 now WEARS both of my rings daily as casual jewelry - not as her wedding bands. (I don't think she is aware they were once mine.) any loop hole in the law which I can recover them? )

Thanks for any direction anyone can point me in.
Just accept the fact that you are stuck on the car loan until he pays it off....I know it stinks...but you agreed to that legally. Just be greatful that he is actually making the payments....many people in your situation are dealing with ex's who just keep the car and refuse to make the payments.

The jewelry?.....how the heck did he even get that from you? Personally, I would be tempted to let someone tell his wife that she is wearing your jewelry....but other than that...if he has it...you have no recourse if it wasn't handled as part of the property settlement.
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