I cosigned for my (ex)husband's car, and now we're divorced, I've been asking him for over a year to have my name removed off of the loan, as I don't want to be responsible for the car or associated with him anymore. As of now he's telling me that he doesn't plan on refinancing his car to remove my name. What steps, if any, can I take to get this matter resolved? I just want to be done.
This should have been addressed in your divorce decree. If it was not, then your options are going to be far more limited. It is possible to make a post-judgment claim to reopen your divorce to get this addressed although if your ex husband has a lawyer this will probably not be successful. If you are on the title, you can file an action to partition the vehicle and force a sale. A final option could be to pay off the loan and sue your ex husband for unjust enrichment, although again this is fraught with peril and could leave you out all of the money.
If you didn't retain a lawyer for your divorce, I would strongly advice that you do so next time.
IMPORTANT: No attorney-client relationship is formed through interaction with this attorney on this public forum. The contents of any comment or response should be considered general conversational discourse on the topic identified and NOT specific legal advice or analysis that might apply to your situation. If you rely upon any part of the content of this response in making any decision or pursuing any course of action, you do so at your own risk and without recourse against this attorney or law firm. PLEASE BE AWARE THAT ANY STATEMENT YOU MAKE, INCLUDING WRITTEN STATEMENTS IN THIS MEDIUM, MAY BE USED AGAINST YOU IN A COURT OF LAW.
"I just want to be done." - and THAT is why you hire a divorce lawyer to address such issues when you get divorced. If you had one - you need to address this with them about what to do and what the MSA says. If you didn't - then you can see now where skimping on the divorce lawyer to save money may now cost you far more in the end. Other than that - if you are a co-signor..... you won't just be removed from the contract because its NOW inconvenient to you unless the LENDER agrees to it.
Responses provided represent entirely un-researched, casual opinions and cannot be relied upon in any way or manner as legal advice. No communication here is intended to establish an attorney-client relationship.
This should have been addressed in your marital settlement agreement (or if no MSA), in your final judgment. You can't just "remove" your name from the loan. The bank has to approve a refinance under your husband's name only. If you had a lawyer for your divorce, you should consult with him/her regarding this matter. If you did not have a lawyer, you may want to retain one to review your documents and advise you as to your options, if any.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline