My ex husband and I finalized our divorce in 2016. We did not put on the divorce papers any property to split, but we signed our own agreement on what he was to pay for. My car is one of them. The car is in his name. I still have it and he still pays it, but he is now filing bankruptcy and making the car part of that and trying to take it away or make me pay for it when he agreed to pay it. The agreement is typed up and signed by both of us with no notary..... Can I push this and have him protect it under his bankruptcy and still pay for it since it is what he agreed to or am I just out of luck??
The vehicle debt is still his. When filing a Bankruptcy you have to list all debts you have. This is very typical when people get divorced without refinancing a mortgage or vehicle debt from two people into only one person's name. It does not matter that you were divorced and he agreed to pay the debt or vise versa. If I were you, and if you and your ex husband are still on speaking terms, try and contact the finance company with the vehicle and see if they will refinance the vehicle in your name and you pay the debt. Unfortunately divorce settlements matter little in Bankruptcy court without going through the step and refinancing the debt into your name. Worst case scenario he can opt to surrender the vehicle in the Bankruptcy Plan and the repossession company pick up the vehicle and you are out of a vehicle.
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