auto dilemma with soon to be ex

What is the name of your state? NH

auto title, insurance and loan are in both names... the judge temporarily gave this vehicle to soon to be ex... the ex is paying the auto loan late and i'm getting late payment credit bureau hits and not paying the monthly insurance bill so i pay it as i do not want the responsibilty if an accident occurs....
how do i get out of this mess??? the soon to be ex will not refinance, doesn't care about my credit or his and could care less if the insurance is paid... help me if there is an answer please...What is the name of your state?

dylhan said:

how do i get out of this mess???

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The only real way to get out is to pay off the common debt... then pursue a lawsuit against him to try to recover your 'damages' (your payments for the bills ordered as his by the court). Your only alternative still means you pay... then file a 'show cause' action in the original court due to his failure to follow that courts orders.

JETX, please humor me.

These "assumption of debt" agreements are so often violated. Doesn't it make MORE sense, in a divorce, for the asset with shared debt to be sold, dumped, and each obtain their OWN on their own credit? Rather than keep a pricey car, for example, trade it in or sell it and each get a cheap car they can each afford to finance, or buy on their own? Heck, I'm driving a terrific little Villager van I picked up for about $2500 bucks cash (but we don't buy cars that have to be financed). Sell the expensive house with the shared mortgage and each buy a smaller place with their own mortgages??

Anyway, these agreements are so frequently problematic, it seems that having one relied upon to pay a debt that impacts the other is a problem waiting to happen and should not be done.

it would be nice if he did sell the vehicle however he has no intention of doing so and probably sees it as a good opportunity to ruin my credit as his is already completly ruined... i am very concerned about what this is doing to my credit as i will be buying a new car and getting a second mortgage on the house when the divorce is final. could i just cancel the car insurance and inform the auto lender that the car has no insurance??? what would they do and would i be liable should there be an accident??

dylhan said:

it would be nice if he did sell the vehicle however he has no intention of doing so and probably sees it as a good opportunity to ruin my credit as his is already completly ruined... i am very concerned about what this is doing to my credit as i will be buying a new car and getting a second mortgage on the house when the divorce is final. could i just cancel the car insurance and inform the auto lender that the car has no insurance??? what would they do and would i be liable should there be an accident??

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That would be a TERRIBLE thing to do! You are still on the hook as a borrower and, if he totals that car, you'd be stuck- no car, no insurance.

nextwife said:

JETX, please humor me.

These "assumption of debt" agreements are so often violated. Doesn't it make MORE sense, in a divorce, for the asset with shared debt to be sold, dumped, and each obtain their OWN on their own credit?

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There are lots of ways that a COMPETENT attorney can prevent (or at least minimize) these 'violations'. One is exactly as you say. Have an independent 3rd party (receiver) take custody of the shared property and sell it, with the proceeds to be disbursed per the agreement. Another is to simply require the sale/transfer, etc. and if not, impose a SUBSTANTIAL fine or security in some other asset that the obligated party controls.
These are just some of the methods that could be imposed... if the attorneys really did their job in protecting THEIR client!!