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Refinance upside down assets

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Jg88

Junior Member
What is the name of your state (only U.S. law)? California
I divorced 3yrs ago. I took boat and trailer in divorce. Both were upside down in value and remain upside down today. She is now taking me to court to force me to refi or sell items in order to remove her from loan. No bank will refi item due to upside down value. Selling will leave an outstanding balance due. I have made all payments timely. Divorce agreement merely states that I will refinance items when financially capable. Can she force me to sell upside down assets?
 


Zigner

Senior Member, Non-Attorney
She can try. The court is unlikely to react favorably toward her request.
I am not going to say you are wrong.
I am going to say that you are guessing. There is not enough information presented to make a fair guess though... It's possible that the OP CAN afford to take the hit (so to speak) and sell each item at a loss along with paying the remaining balance.

ETA: I should say that it's possible that the court will determine that the OP can afford to take the hit.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? California
I divorced 3yrs ago. I took boat and trailer in divorce. Both were upside down in value and remain upside down today. She is now taking me to court to force me to refi or sell items in order to remove her from loan. No bank will refi item due to upside down value. Selling will leave an outstanding balance due. I have made all payments timely. Divorce agreement merely states that I will refinance items when financially capable. Can she force me to sell upside down assets?
What does she get out of having her credit tied up with you? Is she unable to buy a car/house or obtain credit because of these loans? If so it is possible the court will order you to refinance or sell. And what exactly (redact names) does it state regarding the items? Not your idea but what the decree reads.
 

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