If I’m currently still paying on a loan that my ex-husband was supposed to take care of, can I get reinburst for all the payments that I have made?

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If I’m currently still paying on a loan that my ex-husband was supposed to take care of, can I get reinburst for all the payments that I have made?

How? I have paperwork stating that it is his responsibility. Also, how do I get the loan out of my name? I was divorced 3 years ago.

Asked on January 17, 2013 under Family Law, Minnesota

Answers:

Matthew Majeski / Majeski Law, LLC

Answered 8 years ago | Contributor

A Minnesota family lawyer would help you review the documents to see exactly where you stand.  Generally, if the divorce decree assigns marital debt to him and you need to pay for it, then you should be able to get a judgment against him for reimbursement of those costs.  Getting out of the loan may be a different issue, because that was likely a private contract separate from the divorce.  A judge cannot release you from such a contract if your name is on it.

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 8 years ago | Contributor

Hello. In order to assist you, I would need to confer with you. I would want to view your paperwork and the divorce legal document (which is a court order).  The amount of money involved is one issue.  Your former husband's present circumstances are another issue that would be discussed.  I recommend you seek a private attorney to assist you at this time. I recommend that you phone several attorneys in choosing because it is very important that you feel a sense of great safety and trust with the attorney helping you.  Also, do not delay in seeking legal assistance because you may lose your legal rights entirely by delay.


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