If my ex-wife used checking account to pay loan, what recourse do I have?
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If my ex-wife used checking account to pay loan, what recourse do I have?
My ex-wife (divorce finalized 4 months ago). She used my checking account to pay her student loans the past 4 months. My checking account is still tied to her student loan accout because I have been paying 3 of the loans that came due while we were still married (via ACH). I was going to stop paying those 3 in a couple months (I did this to help her out). Per our divorce agreement she was going to start paying all 4 student loans (the 3 that have been due and the last one that came due 4 months ago) I am the co-signer of these loans. She has 1 year to remove me. How can I ensure she pays these loans and takes my name off of them per our agreement?
Asked on June 19, 2012 under Family Law, Ohio
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You need to first start with taking your bank account off the loan accounts. Then you need to inform her and her attorney in writing that you expect reimbursement of the four months she has used your account to pay and that this is a criminal violation for using funds that do not belong to her and to which she should have no access to pay her court ordered loans. You need to then realize you need to keep tabs because you are the co-signer and you have an absolute responsibility to mitigate your damages.
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