How do I hold my ex husband accountable for paying his debts in our divorce? - Texas

Business Questions 2 views 1 answers
I purchased a truck in my name only for him while we were married because he did not have the credit to do so. Because he was not able to refinance due to bad credit, we left the truck in my name but listed the truck payment as his responsibility in the divorce papers. He is telling me 2 weeks after our divorce that he is not able to make this payment. How do I get this truck in his name, or how can I transfer the liability to him if a reposession is the outcome? Am I able to avoid any consequences financially because the judge ordered him to make that payment?

Attorney Answer

1
Fran Brochstein ·
It does not sound like you had an attorney representing you in your divorce. Unfortunately I've seen this happen many times after a divorce was finalized. That why I warn people not to do this.I've seen the situation you describe many times. If it's been less than a month, you can go back to the judge and ask the judge to do a re-do and give the truck and the debt to you. Again, this is going to cost money. You'll probably need an attorney to get this done pronto since there is a time limit. If the divorce has been final over 30 days then the case is final. No do-overs. The debt is in your name and the judge cannot interfere with third party creditors (in this case the truck loan company). So they can only look to you for payment. So if your ex will agree then go pick up the truck. If he says no then your problems will get worst. It's going to impact your credit! I suspect that your decree states that the car and the debt belong to him since they were given to him in a legal document. So now you can sue him in civil court. Of course, he has no money and bad credit so I doubt you will ever see a penny. Then there is the cost of suing and the time involved. With the courts pretty much closed except to emergencies I doubt that you will have a hearing soon. You can call the loan company since the debt is in your name and arrange for the truck to be re-po'd. Of course, you are responsible for any shortage! Since his name is NOT on the note the company will only look to you for payment. You cannot make a company give him a new loan. The judge cannot do it either. Perhaps he can find a co-signer or another person to take out a new loan and let you off the hook. I suspect that your credit score is going to go down if payments are not made or or late. If your ex and you can work together and get rid of the truck that is the best thing. Maybe someone else will come up with a better answer - but I don't think there is a good outcome for you in this situation. I'm sorry to be such a downer. But with someone with bad credit and unreliable there is usually no rainbow at the end of the storm.
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