What to do if my ex-wife had her vehicle repossessed and it was in both of our names?

During our divorce I bought up the issue about us both having vehicles in both of our names but the judge didn’t rule anything on it just told us both to pay our bills. Is there anything I can do to show creditors that that vehicle was her responsibility?

Asked on January 27, 2013 under Bankruptcy Law, Virginia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can show the creditor that the debt is her responsibility, but they can still come after you for the note on the car.  They are not bound by the divorce decree because they were not a party to the divorce.  Your remedy is to take your wife back to court with an enforcement or contempt action, ask the court to require her to pay the debt, and if possible, refinance the note on the car in her name alone-- so that you are no longer financially tied to the vehicle.  You can also ask the court to order her to pay any costs or attorney's fees associated with the filing of your motion.


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