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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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How to get a off a loan

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My ex-husband and I are divorced. In the divorce paperwork he was entitled to the following property 2008 Ford F-250 and a 2006 Citation Travel Trailer.   My name is XXXXX XXXXX the loans for these properties. How can I get my name off the loans? If he defaults on the payments will I be made responsible for the payments? If he turns the properties in will I have to come up with the outsiding amount so my credit will not be affected? How can I get out of these contracts? In the divorce contract in states that the party in whose possession it presently is, free of any rights, title or interest of the other. Does this statement protect me from finical obligation?

DearCustomer- You cannot simply "get off a loan" because you want to. You only protection from the divorce decree is that you can make a motion for contempt with the court if your ex does not pay the loans or you are hurt in any way from his actions with respect to the vehicles.

The bank is not a party to your divorce and the court can't order them to release you from a contract you signed with the bank. If you your ex fails to make his payments or the vehicles are repossessed then you should immediately make a motion for contempt with the court. Most courts also award attorney fees for contempt situations.

David Kennett - JD - Attorney at Law

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