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 11 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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