Go back to court to get the judge to order it sold if he won't keep up the payments or refinance.What is the name of your state (only U.S. law)? Pennsylvania
My ex husband is not paying his car payment regularly and now it's hurting my credit. I don't have enough money to pay it and I don't think he can refinance it without me. Any ideas?
I gave you the answer. You can choose to ignore it, but if you're not interested in hearing what people say, please don't post your questions.My lawyer did add an agreement that states "husband shall keep and be sole owner of the parties' Subaru Impreza WRX and shall be solely liable for all expenses in connection therewith including, but not limited to, loan payments, maintenance and insurance and he shall indemnify wife and hold her harmless thereon. Wife shall cooperate fully at husband's request to remove her name from the title and the loan." The same thing is stated about the vehicle I drive to protect him. The car loan company said it doesn't matter if I have this agreement or a divorce decree. They will still come back to me for the money. I don't have enough money to pay his car payment. I really don't have money for lawyer fees either. I'm just trying to find someone else who has some experience and can give me free advice. My ex wrecked my financial world bad enough when we were married. It kills me that his bad choices are still haunting me and my credit report.
The problem is that while he is responsible for handling the cost of the car under the divorce, the loan company is not a party to your divorce and is bound only by the original loan contract. Therefore the loan company can and will go after you if he does not make the payments.My lawyer did add an agreement that states "husband shall keep and be sole owner of the parties' Subaru Impreza WRX and shall be solely liable for all expenses in connection therewith including, but not limited to, loan payments, maintenance and insurance and he shall indemnify wife and hold her harmless thereon. Wife shall cooperate fully at husband's request to remove her name from the title and the loan." The same thing is stated about the vehicle I drive to protect him. The car loan company said it doesn't matter if I have this agreement or a divorce decree. They will still come back to me for the money. I don't have enough money to pay his car payment. I really don't have money for lawyer fees either. I'm just trying to find someone else who has some experience and can give me free advice. My ex wrecked my financial world bad enough when we were married. It kills me that his bad choices are still haunting me and my credit report.
Ahh, like you received in the first reply:I appreciate good advice that is free of judgement.
I would change that to the loan company WOULD go after both of you, rather than "could".The obvious would be to try a private party buyer who will pay as much as the car payment.
Could try using it as a trade-in and get a different car financed only by the X.
If the car is sold for less than is owed, then the LOAN company could go after both of you.
while I'm at it: the buyer will pay as much as the outstanding loan.The obvious would be to try a private party buyer who will pay as much as the car payment.
The judge is not going to tell your ex how to sell it. Rather, the judge will say something like "you have 30 days to refinance in your own name. If you are not able to do that, you have an additional 30 days to sell the car". It's up to your ex to sell the car - the court will not do it for him. If he doesn't do so, then you go back to have him held in contempt. Since that could lead to jail time (probably not, but theoretically), he may be a little more compliant.If the judge orders it sold, how does that work? Does my ex sell it or does it go to some type of auction? Will I also be liable for the difference between what is owed and what is sells for? Does that agreement give me any protection in this situation?