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Ex spouse won't refinance

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K

kracckers

Guest
What is the name of your state? Wisconsin

My divorce was final in March of 2000. I just found out a week ago via a copy of my credit report that my name was never removed from the car loan my ex spouse holds. I co-signed for this loan while we were married. Shortly after the divorce was final, my ex spouse brought the title to the car to me and I willingly signed off on the title, thinking that I no longer had any claim or obligation to the vehicle. In our divorce agreement, a financial disclosure form was filled out and on that form it specifically lists the auto loan as being the responsibility of my ex spouse. It was not listed as a joint responsibility. This was a do it yourself divorce and all paperwork was completed by my ex spouse. Being of a legal nature, I assumed that the information on the financial disclosure form was current, accurate and correct.
It was not as I have now discovered. I contacted my ex spouse regarding this matter and requested the loan be refinanced without my name. Now I'm being told by that party that they are willing to refinance, however, they expect me to pay the fees which would amount to approximately $125.00 I understand that this is not a large amount of money, and I can certainly afford to pay for the cost of refinancing. However, is there not some legal recourse available to me regarding the fact that on the financial disclosure form, the information provided by my ex spouse was not accurate and I signed the divorce agreement based on that form being correct? There is a paragraph in the divorce agreement entitled FULL DISCLOSURE AND RELIANCE. In that paragraph it states "that each party warrants that there has been full, fair, accurate, complete, and current disclosure of all incomes, expenses, assets, and liablilities, and each further states that he or she is satisfied that full disclosure has been made. The property referred to in this agreement is all the property that either party has any interest in or right to, whether legal or equitable, owned in full or in part by either party separately, or by the parties jointly. Parties understand that deliberate failure to provide complete disclosure is perjury. Each party has relied on the financial disclosure statement in reaching this agreement." Given the wording of this paragraph, is there anything that I can do about this situation short of giving in and just letting my ex spouse get away with what I perceive to be perjury?
 


A

amc822

Guest
You could pay the $125 and then sue her in small claims court.
 
H

hjallge

Guest
If it were me, I would just pay the $125 dollars and be done with it. Is it really worth your time off work and unnecessary effort for next to nothing? Personally I would be the bigger person and put an end to the maddness that caused ya'll to get a divorce in the first place.
 
Z

z24inissan

Guest
Automobiles

IF you have a divorce decree that states that you have no interest in the vechicle and that it is her responsability. Send it to the Finance Company and have them remove you from the loan it is a Legal Document.

But if it's financed then you could not have signed the title as the finance company has the original.


Good Luck BRAD
 
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I AM ALWAYS LIABLE

Senior Member
Re: Automobiles

z24inissan said:
IF you have a divorce decree that states that you have no interest in the vechicle and that it is her responsability. Send it to the Finance Company and have them remove you from the loan it is a Legal Document.

But if it's financed then you could not have signed the title as the finance company has the original.


Good Luck BRAD

My response:

Brad, that's not how contracts work. A decree of divorce has no effect on third party contracts. The loan company still has a signed, enforceable contract, and the loan company was not made a party to the divorce agreement.

It's only a "Legal Document" insofar as the parties to the divorce are concerned, and to no one else, i.e., the court's order cannot reform the contract to the detriment of the actual or potential interests of third parties.

IAAL
 
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