How do I get a court order to get my name removed from an auto loan as a co-signer?

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How do I get a court order to get my name removed from an auto loan as a co-signer?

My ex-husband was awarded sole responsibility of the vehicle in the divorce decree but has defaulted on the payments for several months. He has taken the vehicle out of state and I have tried everything to find him let alone get the vehicle back. The bank is now pulling money out of my account and my credit is going down.

Asked on October 13, 2011 under Bankruptcy Law, Delaware

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unfortunately, I'm afraid that you can't get your name removed. A contract is a contract. Your creditor was not a party to your divorce action. Accordingly this means that you remain obligated for the loan. However, his liability under the divorce degree does mean that you can sue your ex for any monies that you are/will be out of pocket. I realize that this is small comfort since you may never be able to collect and your credit is being damaged, however it the law.


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