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Idaho divorce disagreement..really?

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chuy716

Junior Member
What is the name of your state (only U.S. law)? Idaho

Long story long...Married in Idaho, now separated and wife moves to Arizona. I kept the old truck, she drove off in the new Subaru packed with her stuff. That was six months ago. She has not made a payment since and consequently, the bank is going to repossess the car...of course, it is BOTH of our names. She just received the divorce papers that suggested she take responsibility for the car as she is in possession of it. She is not going to sign them because she is adament that we come to an "agreement." Here's how I see it: She has the car, she is responsible. Am I right? I am looking for some advice or feedback. We have been in agreement on everything until this...it happened today.

Thank you!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


mistoffolees

Senior Member
In general, the person who keeps an asset is responsible for the debt on that asset. If there is any equity (that is, if the car is worth more than you owe), she may have to reimburse you for your half of the equity, as well.

If the car is an issue, suggest that you sell it and pay off the debt (if it is worth enough to do so). Then she can provide her own transportation.
 

chuy716

Junior Member
Thanks

Great feedback indeed. I thought it was along those lines. The value of the car is less than what is owed, plus it is five months late on payments. The bank is trying to repossess it but cannot find it. The ball is her court I guess, she should just sign the papers because she has the car....
 
Just keep in mind that even if the divorce decree orders her responsible for the car debt, it matters not to the car loan company, that contract is still valid. So your credit is trashed along with hers.
 

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