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As a co-signer for a car, after a divorce how do i take my name off the contract?

Oak Grove, KY |

In my divorce decree my husband was given the car, but my name is still on the loan, but my husband is the primary on the loan. The bank won't accept the divorce decree, and the car payments are not getting paid, what can I do?

Attorney Answers 3

  1. The bank doesn't have to accept the decree. The decree only adjudicates rights between the parties to the litigation. Unless your ex- pays off the loan, or has it re-financed, you will remain liable thereon.

    Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.

  2. He would have to either refinance the automobile or pay it off. May be you should negotiate purchasing it from him. Or else you could go back to court to have him held in contempt of court.

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  3. Another thing to look at...if you signed a settlement agreement to resolve your divorce, there may have been an indemnification provision. This is something I include in agreements that I draft. An indemnification provision will say that if he fails to pay the car payments, and you have to take action against him, he will be responsible for your attorney's fees and costs.

    Otherwise, see the above answer re: contempt motion.

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