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Do I have to take my ex-spouse back to court to seek relief for other spouse's failure to pay off loan

Asked over 3 years ago - Seattle, WA

I have been divorced for 2 years. At the time of our divorce, I allowed my husband to keep the 29 foot trailer that we still have a loan on with the agreement that he would keep the payments current.

In the past 6 months, he has made 4 late payments which is affecting my credit that I have been working very had to clean up.

Is there a way that I can legally "force" him to sell or re-finance the trailer so that my name is no longer on the loan?

Additional information
We didn't have a lawyer during our divorce, we used a company that does "Quickie Divorces" as
there was no fight over property.

Our court date is next week - I do not have a lawyer to represent me. My Ex told me today that
he has tried to sell the trailer with no success, he also told me that he is unable to re-finance
due to bad credit.

I am not sure if I should keep the court date or not - what can the judge really do? I am thinking my
best bet would be to take the trailer from my ex and resolve the late payments, then try to sell it
myself.

Any comments on this plan - am I missing something that the judge may be able to enforce?

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Attorney answers (3)

Yale Lewis III

Reputation Level 13

Answered about 3 years ago. Family Law Attorney in Seattle, WA.

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first, the whole point of getting divorced is to allocate debt and assets to the parties. if there wasn't a provision in the decree of disso for handling the debt on the trailer, then your decree was defective and the judge shouldn't have signed it.

if this issue is unresolved, both of you own the trailer as tenants-in-common. you need to file a partition action. this will force him to either sell and split the proceeds (in this case it sounds like split the debt), or, it will force him to buy you out.

Yale Lewis, attorney

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Thuong-Tri Nguyen

Reputation Level 20

Answered over 3 years ago. Family Law Attorney in Renton, WA.

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Your situation is why it often is a good practice to make a clean financial break at the time the decree of dissolution is entered. At the very least, each party should be given a specific time by which the party must refinance all assets awarded to the party into the party's own name.

Your decree of dissolution and related orders may specify what you each must and can do. You should review the documents.

The pattern decree of dissolution has a hold harmless provision.

You may have to take him back to court to either enforce the decree of dissolution or ask the court for some other relief.

You likely should review your facts and options with an attorney.

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Kevin W. Chern

Reputation Level 11

Answered about 3 years ago. Bankruptcy Attorney in Chicago, IL.

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Your best bet is to ask this question of the attorney who represented you in your divorce proceedings, as your options may vary depending on how this property and the outstanding debt were treated in your divorce decree.

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