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divorce and bankruptcy

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B

bluesport

Guest
What is the name of your state? West Virginia
I have been separated from my husband for 2 years now we have gone to a lawyer and set up our separtion agreement in this agreement my soon to be agreed to pay my car payment until such time as the car was paid off then he would sign the title over to me solely. I in return would carry him on my health insurance through my place of employment. Well he has been unemployed 8 out of 12 months and has asked me to make the car payments which I did as I need my car to get back and forth to work. Now here is the question I was told that he was planning to file for bankruptcy. The car is the only thing in both of our names and on the loan my name apears 1st and his 2nd if he files bankruptcy will I loose my car? or Will I be stuck with the car payments to keep my car? Will his filing bankruptcy hurt my credit sense we are still married? Also if I have to make the car payments can I drop him from my health insurance? He wouldn't agree to finalize the divorce until the car was paid off and from what I understand I can't drop him from my health insurance until we are divorced. Also should I go ahead a file for the divorce before he files for bankruptcy to protect myself?
Thanks for any and all help
 
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S

sharphay2

Guest
same situation

i am sort of in the same situation and can tell you what IS happening to me. i live in virginia though and i am not sure that
the laws are the same. my ex was supposed to sign over the
car to me as per the seperation and divorce agreement and hasn't yet! he filed for bankruptcy which i didn't know of until
i went to get a loan to trade in the car to get his name off of it, and it is showing up on my credit because his name is on it. i have made every payment on the car and it has been mine the entire time and now this. i don't know if you can lose the car, but if you can and quickly, try to get a loan JUST IN YOUR NAME, or if you have a family member that can co sign, but the best thing is to get rid of that car (trade in or whatever) so that his stupid decisions do not affect your credit. i had wonderful credit and it's continued to go downhill because he didn't do "his end of the bargain". let me tell you that any kind of change in family status should be directed to your human resources dept. of the company you work for including seperation, especially if you have
been seperated that long. take him off of everything as soon as you can!!!!!! checking accts; joint credit cards, direct deposits, any insurance and hopefully you can get things taken care of before he takes you to the cleaners.
whatever i find out about the bankruptcy from this forum or otherwise, i will let you know if that can help you out. good luck
 
B

bluesport

Guest
Thanks for the response, I feel better knowing that I am not alone in this mess. I am not saying that I am glad your in it just that I am not alone. I found out that I can not drop him from my health insurance until the Divorce goes thru. Every thing else except for my car has either had his name removed or been closed. Including my checking and credit cards. I pushed for him to sell the house and since he didn't have a job it was easy he wanted that extra money in his pocket, however that money is long gone and now he's talking Bankruptcy. When we split up I bought my own place in West Virginia, but with my income I am not sure that I can get a new loan on my car because of Debt to income ratio, and the reason he was to make the car payments in the 1st place was that I couldn't afford both a new place to live and the car payment. He was making 100K per year to my 22K per year. I thought that I was letting him off pretty easy just asking for him to pay my car and insurance. Guess not. Anyway wish you luck and I will keep treading water till I find out anything
Thanks
 

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