What is my liability for an auto loan that I signed for but that my ex was supposed to have taken over as per our divorce decree?

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What is my liability for an auto loan that I signed for but that my ex was supposed to have taken over as per our divorce decree?

When I was married, I co-signed for a car for my ex. When I got divorced, it was in the divorce decree that my ex is responsible for the payments of the car, which he had possession of. The car has since been repossessed, and now the creditors are coming after me for the debt, and it is on my credit report. Is there anything I can do? Is there a specific attorney that I need to contact regarding this?

Asked on August 7, 2010 under General Practice, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately your situation is not unique in the divorce game.  Creditors are not parties to your divorce and are not bound by the provisions made in your settlement agreement.  So you are still responsible to them under the loan agreement.  Your settlement agreement is a contract and your ex has breached the contract.  You now have to go after him.  The simplest and easiest is to go back to your divorce attorney and ask him or her to help you sue for compliance of the agreement.  Or you can use another attorney to do so.  Either way you are heading back to court to have a judge help you in this matter.  And you may need to add the creditors to the suit.  In the meantime you may want to make a deal with the creditors to help save your credit rating.  Good luck.


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