Noncompliance with divorce decree by ex

[wintef]

What is the name of your state (only U.S. law)? Maine

Hello, and thank you in advance for any help you may be able to give me.

My girlfriend's divorce became final in June. Her ex husband, however, has not complied with any of the directives on his side of the divorce decree. As part of the divorce, he got the house. My girlfriend signed the quit claim deed to the house back in July as directed. As part of the divorce, her ex was instructed to take over the home equity loan on the house, which he has refused to do. The loan is in my GF's name, and she has, in essence, been forced to keep paying it (for a house she no longer lives in) for fear that her credit will be destroyed otherwise. His car loan is also in her name, and last month when his automatic payment from his checking account bounced, the money owed was added to her bill. When she tried to get these loans out of her name (as the decree states that he must take over these loans), she was told she couldn't do it, as his credit is so poor they wouldn't take them out of her name.

My question is, how do we get these loans out of her name if the creditors refuse to let her do it ? It seems ridiculous that she should be stuck paying for her ex's home and car loans while he skates along scot free, despite a divorce decree that specifically states that he take these loans over. If creditors refuse to even allow the loans to go into his name, what good is a divorce in the first place ? Do we have any options or recourse at all ?

Any advice would be greatly appreciated. Thank you.

[mistoffolees]

Originally Posted by wintef

What is the name of your state (only U.S. law)? Maine

Hello, and thank you in advance for any help you may be able to give me.

My girlfriend's divorce became final in June. Her ex husband, however, has not complied with any of the directives on his side of the divorce decree. As part of the divorce, he got the house. My girlfriend signed the quit claim deed to the house back in July as directed. As part of the divorce, her ex was instructed to take over the home equity loan on the house, which he has refused to do. The loan is in my GF's name, and she has, in essence, been forced to keep paying it (for a house she no longer lives in) for fear that her credit will be destroyed otherwise. His car loan is also in her name, and last month when his automatic payment from his checking account bounced, the money owed was added to her bill. When she tried to get these loans out of her name (as the decree states that he must take over these loans), she was told she couldn't do it, as his credit is so poor they wouldn't take them out of her name.

My question is, how do we get these loans out of her name if the creditors refuse to let her do it ? It seems ridiculous that she should be stuck paying for her ex's home and car loans while he skates along scot free, despite a divorce decree that specifically states that he take these loans over. If creditors refuse to even allow the loans to go into his name, what good is a divorce in the first place ? Do we have any options or recourse at all ?

Any advice would be greatly appreciated. Thank you.

The creditors didn't get a divorce and they're not responsible for your friend's problems.

What she needs to do is go to court to have the ex found in contempt and order the car and house sold if he won't pay. She will ask for the payments she has made (with interest) to be taken from the proceeds.

Once again, for other people reading this. DO NOT REMAIN on any loan documents after the divorce that the other person is responsible for paying. It doesn't ALWAYS end up this way, but it's common enough that it should be avoided. If the other person is unable to obtain a loan in their own name, then ask the court to order the house/car/boat/whatever to be sold.

It's really sad how many attorneys miss this simple matter.