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ex not paying for a car that's in my name too

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happyex

Junior Member
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?
 


mistoffolees

Senior Member
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?
Go back to court to get the judge to order it sold if he won't keep up the payments or refinance.
 

happyex

Junior Member
agreement as to motor vehicles

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.
 

mistoffolees

Senior Member
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.
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.
 

LdiJ

Senior Member
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.

Your recourse is to take it back to court (even if you do it on your own, without an attorney) and you can have him held in contempt and you can get a judgement against him. The downside is that those things won't repair the damage to your credit.

Possibly the answer to that question is that even married people should not enter into joint loan contracts. Its a sad answer, but perhaps a realistic one.
 

happyex

Junior Member
thank you

Thank you for your response. I appreciate good advice that is free of judgement. I guess my next step will be to start learning how to take him to court. Thanks again for your help.
 

happyex

Junior Member
more questions

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?
 

TinkerBelleLuvr

Senior Member
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.
 

LdiJ

Senior Member
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.
I would change that to the loan company WOULD go after both of you, rather than "could".
 

mistoffolees

Senior Member
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?
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.

Your liability is complex. You ARE liable to the loan company for the shortfall (if any) since you signed the documents. You can then sue your ex to recover any amount you might have to spend to cover the difference.

If I were you, I'd be talking with the loan company. While you are legally liable, show them your divorce decree and explain to them the steps that you are taking to make him take responsibility or sell the car. That won't relieve you of your financial obligations, but it just might give them a reason to not report it to the credit agencies.
 

happyex

Junior Member
Thank you!

Mistoffolees, TinkerBelleluvr, LdiJ, and Zigner,


Thank you very much for taking the time to help me in my current situation. I wish I found this site years ago! I talked to the loan company this evening, and I'm going to get him into court ASAP. He's $1800 behind in payments already! They might repossess it before I get him in court. My credit score is suffering, but I learned from this. Thanks again for your wisdom!
 

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