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What is my legal right/entitlement during divorce proceedings?

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We were purchased a car (for me) with the intent of taking out a second mortgage to pay cash for it. Mother-in-law purchased the car for us with "the same terms" to be paid off when house sells. We ended up taking a loss on the house and didn't pay off mother-in-law. Now ex-wife wants me to pay off the car in full even though it was a community debt; I am expected to assume the entirety of that debt. What am I entitled to in this case?

Asked 10/6/2009 under Divorce, Marriage, Alimony | 419 View(s) | More Legal Topics

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John Compatore / Compatore Law, PS Answered 2 years ago | Contributor This attorney is licensed in Washington
  • It sounds like you're already separated, and he wants to "stick" you with the debt to his mother, right?  Well, you're right about the car-loan being a "community property debt" and that means you are both liable for the entire debt.  If his mother wants the money, she has to sue you and then you can counter-sue your husband.  HOWEVER, if you're going to be getting a divorce, you can decide in the divorce action (and get a final Order on this) who will pay that debt, when and how much per month.  If you haven't started a divorce yet, maybe you should.  It sounds like you two are not getting along now.

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