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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My daughter got divorced and the pickup that was in her husband

Customer Question

My daughter got divorced and the pickup that was in her husband and her name was given to her husband and it states in the divorce papers that he is responsible, he is letting it go back, her job requires that she has good credit , are divorce papers good enough to prove that he is the one responsible for the debt?
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your daughter's situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.
1. Was the truck loan taken out during the marriage?
2. Were they living in TX at the time the loan was taken?
This seems like a very serious situation for your daughter, and your questions and issues suggest that an in-depth conversation might better suit your needs. If you are interested, I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call.
Thanks in advance,
Customer: replied 2 years ago.
Yes they were married at the time and yes the loan was taken out in Texas
Expert:  LawTalk replied 2 years ago.
Do you think that your daughter's ex would agree to give her the truck if she will take over the loan payments?
Expert:  LawTalk replied 2 years ago.
Good afternoon,
If you wish to speak by phone I am still willing to do that. In the meantime, the answer to your question is as follows.
Because the state of Texas is a Community Property state, that means that all debts incurred by either spouse during marriage are the joint obligation of each spouse. So regardless of whether your daughter signed the truck loan paperwork, under TX law the lender may look to either your daughter or her ex to collect the money on the loan and in the event of a default, the lender may sue either party.
Now, the Marital Settlement Agreement may read that her ex is responsible for the loan on the truck. However, under the law that is only binding as between your daughter and her ex. The divorce decree does not have the legal effect of preventing the creditor from seeking to collect on the loan from your daughter.
Your daughter may file a Motion for Contempt and Enforcement in the family law court and ask the court for an order that her ex make good on the loan, and the judge will make that order. However, she cannot avoid liability on the loan to the creditor based on the court order making her ex responsible. Divorce court orders cannot legally take away contractual rights that third parties may have against the couple---because the third parties are not made parties to the divorce action, and cannot be under the present state of Texas law.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Customer: replied 2 years ago.
She can't afford to take it because after the divorce she had to get a different vehicle.
Expert:  LawTalk replied 2 years ago.
My question regarding her taking the truck was not so much for her to have another vehicle but to avoid the voluntary repossession and the negative effect on her credit.
She would want to take the truck and sell it ASAP and if the sale price is not enough to pay the loan then she would need to somehow borrow from a lender family or friends the amount necessary to pay the remainder of the loan. That will be the only way she can avoid the negative credit issue. Again, she could Motion the court for the order compelling him to pay the loan, but if he still doesn't do that, she is back in the same position. Hos getting in trouble with the judge won't save her credit.
Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.
If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.
I wish you well,