• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Debt sep question.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Needswork

Junior Member
What is the name of your state? CA

The only thing left to do is to divide debt between us, and we don't have much. I am taking what they call "$6330" and she is getting "$10,300" and that is from her lawyer who is writing up the agreement. (I don't have a lawyer because I can't afford it anymore, and I thought the debt would be more cut and dry than it turned out to be.) Well my $6330 doesn't include my dirtbike loan that I had prior to the marriage. And her 10,300 DOES include $5,700 that she claims we borrowed from her grandmother. So now to my two questions:
1) Even though I am keeping the dirtbike (negotiate a repo of it) that I owned prior to the marriage, can I get her to take responsibility for some of the amount I owe on it? First let me explain. I financed $6700 for the bike in late 2000. I made payments for a full year, then we wed in dec 2001 and I went over seas a year later in jan 2003. The last payment was made on the loan in Jan of 2003. I was home for 3 months in late 2003 and then went to japan for a year, where the marriage failed. Can I try claiming that I only owe that much because she failed to make payments while I was in iraq and japan and we should both be responsibile for the amount owed? Her lawyer is claiming that I am keeping the property, so I must take the debt with it.

2) She claims we borrowed $5700 from her grandmother and has only stated it was for bills and misc moving expenses. I have never been involved in borrowing any amount of money from he grandma and have no clue what we borrowed this money for, and when I asked her lawyer to explain what it was for or show proof of the money transfering from them to us or show bills that it paid off he told me that he didn't have time to find that out and he would not look into it for me. Is there anything that I can do about that besides getting my own lawyer?
 


LdiJ

Senior Member
Needswork said:
What is the name of your state? CA

The only thing left to do is to divide debt between us, and we don't have much. I am taking what they call "$6330" and she is getting "$10,300" and that is from her lawyer who is writing up the agreement. (I don't have a lawyer because I can't afford it anymore, and I thought the debt would be more cut and dry than it turned out to be.) Well my $6330 doesn't include my dirtbike loan that I had prior to the marriage. And her 10,300 DOES include $5,700 that she claims we borrowed from her grandmother. So now to my two questions:
1) Even though I am keeping the dirtbike (negotiate a repo of it) that I owned prior to the marriage, can I get her to take responsibility for some of the amount I owe on it? First let me explain. I financed $6700 for the bike in late 2000. I made payments for a full year, then we wed in dec 2001 and I went over seas a year later in jan 2003. The last payment was made on the loan in Jan of 2003. I was home for 3 months in late 2003 and then went to japan for a year, where the marriage failed. Can I try claiming that I only owe that much because she failed to make payments while I was in iraq and japan and we should both be responsibile for the amount owed? Her lawyer is claiming that I am keeping the property, so I must take the debt with it.

2) She claims we borrowed $5700 from her grandmother and has only stated it was for bills and misc moving expenses. I have never been involved in borrowing any amount of money from he grandma and have no clue what we borrowed this money for, and when I asked her lawyer to explain what it was for or show proof of the money transfering from them to us or show bills that it paid off he told me that he didn't have time to find that out and he would not look into it for me. Is there anything that I can do about that besides getting my own lawyer?
If you are keeping the bike, you have to be responsible for the loan...period.

You might be able to fight her on the debt to grandma....but the attorney would probably cost you more than you would save....and she has taken on a higher level of debt than you anyway.
 

Needswork

Junior Member
LdiJ said:
If you are keeping the bike, you have to be responsible for the loan...period.
Can I try to give the bike to her since she is the one who didn't pay the payments for 17 months while I was out of the country? Because now I am stuck wit ha bike that is worth less that $2500 that I owe more than $7600 on. I don't want it any more than she does.
 

LdiJ

Senior Member
Needswork said:
Can I try to give the bike to her since she is the one who didn't pay the payments for 17 months while I was out of the country? Because now I am stuck wit ha bike that is worth less that $2500 that I owe more than $7600 on. I don't want it any more than she does.
I very much doubt you can get a judge to make her take possession of a dirt bike that is in your name. Even if you could, she simply wouldn't pay the loan anyway. The creditors are not a party to the divorce, they will only go after the person whose name is on the loan....so you will end up stuck with the debt anyway.

Again, you could hire an attorney and try to get a better deal on the debt division.....but it will cost you....quite possibly more than you could save.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top