If my ex-husband and I had a truck note in both of our name but are now divorced and he is defaulting on the loan, can I still be held responsible ?

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If my ex-husband and I had a truck note in both of our name but are now divorced and he is defaulting on the loan, can I still be held responsible ?

Divorced for 3 years.

Asked on June 24, 2012 under Bankruptcy Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes.  This is probably one of the biggest post-divorce problems.  Often one spouse is awarded one vehicle and the responsibility for the associated note, and then the other spouse the same with a different vehicle.   Sounds fair-- each takes half.  However, the loan company was not a party to your divorce.  As such, they are not bound by the halvies provision of your divorce decree-- which means that you are still on the hook if you ex- defaults.  Your only remedy is to take him back into the divorce court for an enforcement action-- but in the mean time, it could hurt your credit rating if the note goes into default.


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