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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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In my 2009 Florida Divorce, my ex got the boat as agreed in

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In my 2009 Florida Divorce, my ex got the boat as agreed in mediation. When he left Florida, he dropped the boat off with a boat dealer and to this day the boat has not been sold. My ex has told me that the dealer has put a lein on the boat for $7000 for storage fees and will not release the boat until he pays the $7000. My ex has had two offers on the boat, but can't sell it due to this situtation. He owes $15,000 for the loan on the boat and could probably only sell it for $10,000. My ex has asked me to call the bank to say it is ok for him to voluntarily surrender the boat. I called the bank and told them that my ex wants to surrender the boat and that I am not in any position to help, and to call him for the details. The bank told me that they do not honor divorce decree's, so in the worst case what are the consequences for agreeing to my ex's request?
Submitted: 4 years ago.
Category: Family Law
Expert:  Dave Kennett replied 4 years ago.

-Could you explain your situation a little more?
What do you have to do with the boat?

Are you still on the loan?

Customer: replied 4 years ago.
I am on the loan for the boat.
Expert:  Dave Kennett replied 4 years ago.
Dear JACUSTOMER - That's what the bank means by not recognizing a divorce decree. The bank can continue to seek payment from both you and your ex husband if both of you are on the loan since the bank was not a party to the divorce decree. If your ex was made liable through the divorce decree and fails to pay you can file a motion for contempt against him if you end up with the debt after the boat sells at auction. So if you let the bank have the boat and it sells at auction then the bank can sue both or either you or your ex for the deficiency amount.
Customer: replied 4 years ago.

In what situation would the bank go after only me? He is the primary borrower and I am the secondary?

 

 

Expert:  Dave Kennett replied 4 years ago.
If he filed bankruptcy or died or left the country then they couldn't go after him. All I'm saying is that you are liable until the debt is paid.
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