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Thread: Getting your name off of debt that isn't yours

  1. #1
    God/dess Gynger's Avatar
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    Default Getting your name off of debt that isn't yours

    I am frustrated at the moment. When I divorced my ex husband, I was awarded my car which was paid for, and he was awarded the truck that he has that also had my name attached to it.

    I contacted the finance company over 8 months ago and notified them that I wasn't responsible for the payments etc because the court awarded him the vehicle and awarded me my vehicle. The finance company is telling me that I need to go back to court and have the judge rule that it is in my best interest to have my name removed from the vehicle. Why won't a court ordered divorce decree work? No one seems to know the answer. I'm frustrated as all hell about this. He makes the payments on time but I just don't want my name on it

    Also, anyone know how this works in respect to credit cards? He put my name on two cards that he opened up and yes, they are also current, but I want my name off and I can't seem to get anyone to talk to me at the companies, they keep telling me that he needs to do it which he won't. In my decree the debt is also listed out and these two cards are listed as his debt. Yes, I faxed over the copy of the decree and as of now, it is still not fixed.

    ARRRRG... I had no idea that this would be such a damn hassle.


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    God/dess Emily's Avatar
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    Default Re: Getting your name off of debt that isn't yours

    I don't know the answer, but you ex-husband sounds like a real douchebag. Why does he care, especially since he's making the payments?

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    God/dess britneyireland's Avatar
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    Default Re: Getting your name off of debt that isn't yours

    Gynger, your situation really doesn't sound all that bad. The fact that he's making payments ontime is actually HELPING your credit score. It would be much worse if he were charging up debt and not paying it off

    The reason the divorce papers aren't enough is because being married has nothing to do with the repayment of a loan.

    You applied for a joint loan. Anyone can get a joint loan, you don't have to be married. I had several credit cards with a live-in boyfriend years ago. The finance companies don't care about the relationship the two co-signers have...they just care if you pay it back. If one defaults on the loan, they can legally collect from the other.

    When you signed your name on the dotted line, you agreed to pay the finance company x amount of dollars. You didn't agree that you would drive the car, that you would wash the car, or keep the car in your garage. You DID agree (in writing) that you were responsible for half of that debt until it was repaid. Soooo...since the finance company has in writing that you said you would pay them back, they are going to hold you responsible for that debt regardless of who is driving the car.

    It makes perfect sense that the finance company won't take you off without a court-ordered judgement. After all, you agreed (in writing) to pay them back. Suppose your ex stopped making the payments, they would then be legally able to collect from you. Sucks, but this is business...they loaned you money and they want it back...regardless of the state of your marital union.

    Ditto for the credit cards, get a judgement saying that it is in your best interest to have your name removed. Do you think he's leaving your name on them because he expects you to help pay off half? Again the divorce papers may not be enough since being married isn't a requirement to getting a joint card.

    I feel for ya! I had a similar situation when I broke up with the ex! Sure taught me a lesson on accepting shared financial responsibility!
    Rebecca Avalon







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    Default Re: Getting your name off of debt that isn't yours

    I've been there done that in regard to joint credit cards through my own divorce. However, unlike your situation, my ex was a deadbeat and attempted to stick me with 100% of the credit card debt he ran up.

    In order to dis-entangle yourself from any joint accounts which are not yet 100% paid off and therfore closeable, somewhere in your separation and property settlement agreement, or somewhere in your divorce decree, or somewhere in a separate legal motion, (all of which must be filed with the court and signed by a judge) it must be specifically stated that former joint account XYZ is now the exclusive property and responsibility of your ex-husband and former joint account ABC is now the exclusive property and responsibility of yourself.

    As the other posts have pointed out, there is nothing 'automatic' in a divorce decree which covers joint accounts in a blanket manner - unless those accounts are specifically listed and specifically resolved within a court document they will continue to be joint ownership as well as joint responsibility. The risk here of course is that your ex could decide to stop paying at any time, thereby sticking you with 100% of the financial responsibility for the debt. This could be even worse if for example your divorce decree assigned ownership of a vehicle to your ex but said nothing at all about the joint auto loan for that vehicle with a balance still outstanding. Technically, under those circumstances if you ex decided to stop making payments he would be the legal owner of the vehicle but you would be legally obligated to keep making the monthly payments on it !

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    God/dess VenusGoddess's Avatar
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    Default Re: Getting your name off of debt that isn't yours

    There are other things that you need to verify:

    1) Is your name off the car insurance for his car? If it's not...make sure that it gets taken off as soon as possible (most likely after the finance company removes you from the loan).

    2) Is your name off the homeowners insurance? I am not sure what happened with the house, but if he's got it...then you need to make sure that your name is erased off of everything...including the title.

    Those things may sound trivial, but if anything were to happen (he drives drunk or someone gets hurt at his home) then you are liable being that you are legally looked at as co-owner. In this case, it would not matter if you were divorced since your name would still be on the insurance/title to those properties. So, make sure that the moment you get that signed order of release from the judge...you double check to make sure that your name is off everything.

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    Featured Member scorpio's Avatar
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    Default Re: Getting your name off of debt that isn't yours

    simple. close the accounts with the credit card companies. the auto is different. unless the finance company complies with your wishes, you dont have any options.

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    Default Re: Getting your name off of debt that isn't yours

    Quote Originally Posted by britneyireland
    Gynger, your situation really doesn't sound all that bad. The fact that he's making payments ontime is actually HELPING your credit score.
    That's not necessarily true. If you were to apply for a bank loan, one of the criteria the banks look at is overall available debt. Even if those cards are current and have no balances, the amount of credit available can screw up your loan attempt.

    For instance, let's say those two credit cards are good for $50,000 each. That means that there is $100k available to you. Yes, it is available to you, even if you don't have the cards. So, when calculating your credit rating, those two cards are a negative notch.

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    Default Re: Getting your name off of debt that isn't yours

    I don't know if this question is still "live" or not, but here's my $.02.

    When you get divorced, the court will issue an order saying who owns property and is responsible for debt AS BETWEEN THE PARTIES. So let's say there's a car in your name and the court awards your ex-husband the car and the duty to make payments. As between you and him, he owes it. But if your name is on the promissory note, then as between YOU AND THE CREDITOR, you will owe the debt. The court cannot relieve you of liability for the debt; it can only order your ex-husband to pay. This is because of the U.S. Constitution and the "contracts clause" (basically, no state can interfere wtih preexisting obligations of contracts).

    If he's not paying, then what you need to do is go to the court that issued the divorce decree, which is an ORDER, and either you or an attorney needs to write a motion for contempt and file it with the court clerk. He can go to jail for not complying with the court order and can stay there until he does comply. I'd imagine that the debt would be paid pretty quickly thereafter.

  9. #9
    God/dess Gynger's Avatar
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    Default Re: Getting your name off of debt that isn't yours

    Still an issue. I went to court three weeks ago.. trying to get all this shit straight has been a nightmare, but it is being worked out...


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