Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

In divorce documents, "wife" was to hold harmless me with an…

In divorce documents, "wife"...

In divorce documents, "wife" was to hold harmless me with an auto loan that is in my name. The vehicle now has a blown engine and she is relinquishing the vehicle. What are my legal rights?

Lawyer's Assistant: What state is this in? And how old is the car?

Georgia. Car is 2006 with a loan on it of $5300 still

Lawyer's Assistant: Has anything been filed or reported?

Divorce was October 2016. Now that the engine is dead, she told me to take care of the vehicle, that she was reliquishing it. Nothing in writing.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of at this time.

Show More
Show Less
Ask Your Own Legal Question
Answered in 2 minutes by:
3/14/2018
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Legal Question

Is the party relinquishing the car to the lender (ie voluntary surrender)?

Ask Your Own Legal Question
Customer reply replied 1 month ago
The loan is in my name, but the divorce papers states she is responsible for the vehicle and there's a hold-harmless against me stated.
Customer reply replied 1 month ago
She is relinquishing the car to me.

The order as written is controlling until it is modified; as such the party responsible for the loan will continue to be responsible and would need to reimburse the other party if they make payments.

However if there is a change of circumstances the court may alter the order upon motion of either party; there is no legal obligation for the other party to accept possession/responsibility for the auto but if they do that can be grounds for the court to remove the hold harmless provision.

Ask Your Own Legal Question
Customer reply replied 1 month ago
She called me and told me that she blew the engine on the car and that she can't pay to fix it. That I need to do something with it now and that she has to find a new vehicle. She is holding me responsible for everything with the car now. I cannot afford to pay for any repairs on it nor pay for the loan on the vehicle as the divorce papers said she was responsible for it. I feel my only option is to voluntary surrender the auto to the lender, but there will be a large sum that I am certain they will hold me responsible after they sell the car. With the "hold harmless", will I be able to make her pay that large sum difference?

The court documents will be controlling as one party cannot unilaterally change that order/decree.

If the car is voluntarily surrendered and the lender sues for any deficiency then the spouse that is to be held harmless can sue the other spouse for reimbursement of any monies paid.

One may also seek a court order directing the other spouse to pay any such sums owed to the lender.

The court may only make orders as to the parties and may not direct the lender to collect from a specific party which is why there is a hold harmless option.

Ask Your Own Legal Question
Customer reply replied 1 month ago
Very well. Thank you. I guess I have no choice but to relinquish the vehicle to the lender and suffer with the hit to my credit and such, and then try to sue my ex for the monies I have to pay.

That is one of the negatives of the hold harmless provision but the court does not have many options since they have no jurisdiction over the lender.

One may seek legal fees if a legal action is necessary to enforce the divorce decree/order.

Contempt is an option but only if the violation of the court order is knowing and willful so if a party can't financially afford to comply unfortunately contempt is not an option.

legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
Verified
legalgems and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
12,570 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I cosigned a vehicle loan and the loan is not being paid
I cosigned a vehicle loan and the loan is not being paid properly and has caused me to lose 200 points on my credit report ,what can I do? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,402 satisfied customers
We sued our neighbor in an Adverse Possession case. They
We sued our neighbor in an Adverse Possession case. They submitted to dismiss. The dismissal was upheld. Can I appeal? If so what's the process?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
I have a question about adverse possession in the state of
I have a question about adverse possession in the state of arizona … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,676 satisfied customers
Question about a business loan. NJ. Signed the loan recieved
what I want to know is if were can cancel it - just give the funds back - is there a cooling off window in nj… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I received a ticket for misdemeanor possession of marijuana
I received a ticket for misdemeanor possession of marijuana in Mi 7 years ago. The State Police officer told me I could pay the ticket when I got home in Ky. I was in Mi because I was critically ill a… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
How do you adversely possess a cond. Texas. How to adversely
how do you adversely possess a cond JA: What state is this in? It matters because laws vary by location. Customer: texas JA: What steps have been taken so far? Customer: how to adversely possess a con… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,871 satisfied customers
I am in possession of a EEOC - Philadelphia district office
I am in possession of a EEOC - Philadelphia district office Discovery Order in Gerard Stevens V John F. KELLY Secretary Department of Homeland Security (it should be Kirsten M Neilson). I received the… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,236 satisfied customers
Loan officer uses name and credit rating to help secure loan
Loan officer uses name and credit rating to help secure loan for another person and gets lister as secondary. How can he do this without permission … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,287 satisfied customers
My son recently was ticketed on a possession of marijuana
My son recently was ticketed on a possession of marijuana and alcohol charge in the past month. He had not been drinking, but the police found a water bottle with a little vodka in the trunk of my car… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,402 satisfied customers
Student loans is saying I defaulted on loan and took my
Student loans is saying I defaulted on loan and took my entire tax refund which we desperately needed without my knowledge. I have no knowledge of defaulting! Can they do this? I am so upset I am besi… read more
Michael Bradley
Michael Bradley
JD
1,371 satisfied customers
I was trying to get an "undocumented" loan from a loan
I was trying to get an "undocumented" loan from a loan officer at PNC Bank. He assured me because of personal good credit and substantial hard assets that "this was a slam dunk". Because he was so sur… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,402 satisfied customers
Does the "State Government" exception to Adverse Possession
Does the "State Government" exception to Adverse Possession include Local Government, such as a Township? … read more
socrateaser
socrateaser
1,031 satisfied customers
I have a question regarding a loan... me to loan to a
I have a question regarding a loan... me to loan to a acquaintance … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,676 satisfied customers
Loan depot messed up refinance loan was told loan was
loan depot messed up refinance loan was told loan was approved closure statement was signed closing date was set lady called got direction to home to sign papers loan officer told me to cancel payment… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,716 satisfied customers
My Husband was arrested for attempted assault and possession
My Husband was arrested for attempted assault and possession of a weapon, which he did not have. They said he used a wooden pizza paddle to hit a man. If he hit someone would he had been charged with … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
I was charged in 1996 for marijuana possession. Grundy
Hi I was charged in 1996 for marijuana possession. Grundy County Illinois. I'm being fined, and they forwarded it to a collection company. Is there any statutes of time? Or can I get fines waved? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,219 satisfied customers
Local agency possesses Easement document and use it to
Local agency possesses Easement document and use it to approve a permit. Is this document a public record? Thanks.… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,153 satisfied customers
I was arrested for possession of false identification. At
I was arrested for possession of false identification. At the time it was considered a crime in the state of NH. Since that time they have changed it to a misdemeanor. Does this mean I no longer have … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x