If my husband’s ex-wife is late making payments on car note, can a divorce decree be modified to either removed from his name or given back to him?

She is required to contact him if she is 25 days late and he has right of possession on the 29th day. This month she paid on the 29th day but never contacted him at 25 days. We get calls from the bank holding the loan when she is late so we know her pay history. He is concerned because we are trying to build our credit to buy a house next year. She is consitently late and also did not follow the decree by letting him know. Is this something we can have modified since there is a history of her making payments late?

Asked on July 24, 2012 under Family Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not the final divorce decree of your husband and his ex-wife can be modified due to her failure to abide by the terms of it depends upon what the decree states. As such, he will need to carefully read it to determine whether or not the car issue is set in stone where the former spouse is to make payments on it even though your husband's name remains on the loan.

The court has no power to remove your husband's name from the loan because that would affect the lender's rights and the lender was not a party to the dissolution action.

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