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BeckyH, Paralegal
Category: Family Law
Satisfied Customers: 37
Experience:  18 years' family law experience. [This post should not be construed as legal advice.]
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My husband and I are getting a divorce. I have asked him to ...

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My husband and I are getting a divorce. I have asked him to refinance the truck that is in both of our names to just his, but he says no one will refinance him. Part of the reason I am divorcing him is his inability to manage money and pay bills on time. Do I have any other recourse? I cannot assume the payment because I already have my own vehicle payment.
Submitted: 9 years ago.
Category: Family Law
Expert:  BeckyH replied 9 years ago.


In divorce, the debt will follow the asset, especially in secured debt items, such as vehicles. The Courts will sometimes order a party to make every effort to refinance a loan, but if they can't, they can't. Regardless of whether he is ordered to pay the liabilities, the lender will usually not remove one person's name of the loan was taken on both names. If he fails to pay, they will repossess, but it will go against your credit as well and both of you could be sued for the additional balance owed after sale as auction.

There are a few alternatives I have seen. You could be awarded both vehicles and you could turn around and sell his. He would need to purchase one in his name. This would most likely be only by agreement because a court would most likely not award both vehicles to you.

Another more common alternative would be to award the vehicle to both of you until paid in full and debt to him with a provision that if he is delinquent, you have the right to take the vehicle and the debt before it is repossessed. Once paid, the vehicle becomes solely his. The language for this is a little tricky, but we have done it in situations such as yours.

I hope this helps. Please remember to accept my answer so that I may receive credit. Thank you.


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