What to do about liability for a car loan that was given to my ex-wife in our divorce?
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What to do about liability for a car loan that was given to my ex-wife in our divorce?
My wife and I bought a car in both our names. Since then, we have gotten divorced; she received the car in the settlement. However, since the divorce it was repoed and she filed banckrupcy on everything. As a result I was sued for the remaining balance owed on the car. What is my options for not of having to pay for a car that isn’t mine?
Asked on March 9, 2018 under Family Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you were on the loan, you don't have any options to not pay: the loan or finaning agreement is a contract, so you contractually agreed to pay. It is a contract between you and whomever provided the financing (e.g. the bank or car manufacturer, etc.), and that agreement is NOT affected by your divorce, the terms of your divorce settlment, or the fact that you did not use the car or it went to your wife. Rather, the lender can hold you to the terms of the agremeent to repay.
You may be able to sue your now ex-wife for any amounts you pay (e.g. the remaining balance), since her actions caused your loss. But whether or not you can seek compensation from you, you still have to pay the remaining balance.
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