This book will focus on the rights each spouse has under certain laws, situations, and circumstances, and how the division of the property will be decided by the court or through negotiation.
I have a question I am hoping someone can help me with. I am in the middle of a divorce. He has moved out and we have already split everything as far as furniture, household and personal belongings and the cars. I got my car and he got his car but the problem that I am having is. His car is in both names. I am the primary signer his is the co signer. He can't refiance as he doesn't have a job (long story)and hasn't for months. Anyways his parents have been helping him to make the payments but now they are refusing they said to let it get repoed. He won't surrender it and the bank won't take it without him signing the title over as both names are on it. The car insurance is due and is going to be cancelled in a week. If it is cancelled the bank will obtain insurance on the vehicle for $1700.00 for a 6 month policy. Oh course the bill will get sent to me as I am the signer, and if the car gets repoed they will come after me and garnish my wages as I am the signer and he has no JOB.
We are working on a Consent order of Judgement and he has agreed to take the car and make the payments and hold me harmless but the order has not been signed by the judge because we are still trying to come to a conclusion on what to do with the house.
Is there anything I can do? Can I file a motion to have it court ordered that he maintain insurance on the car? Or maybe have it ordered for him to surrender the vehicle if he can't afford the payments as a vehilce surrender will be better on my credit than a repo. Also if they garnish my wages can I get a court order to garnish his wages for what they are taking out of my wages?
I swear this is crazy - I wish he would grow up and be responsible. I am not here to be his babysitter.
From what I was told about this very same matter....no matter what a judge tells you and your STBX the fact of the matter is that you both signed a legal contract with the lender and you are both responsible. (There was even a report about this on the news recently). IF the car does get repoed, or he gives it back, either way they will come after both of you for the balance still owed after they sell it at auction. The lender doesnt care where the money is coming from as long as it is coming.
And just because your STBX agrees to hold you harmless, the lender wont, your name is on the title, end of story to them. I even asked my car loan lender if I could get my name off or his name off, and they said no. The only option was to refinance and get it in one name or sell it.
-------------------- You must be the change you wish to see - Mahatma Gandhi
Ok, I called the credit union and told them to come and take the car. My stbx refuses to pay for the car insurance on the car, I can't afford to pay it. He told me that since we are still married and I am the signer/ him the co signer that I have to pay for the insurance as we are still married. He is constantly late with the payments (his parents have been paying it for the last 3 months) but now they found out it was in my name (first signer) they said they are no longer making payments let it get repoed.
So I called and asked them to come and pick up the vehicle. Can I get in trouble from the judge for that? Is it my responsiblity to pay for everything since we are still married. I would think the judge would see/ understand that I only make XX amount of money and that there isn't enough to pay all the bills.
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