What can I do if my ex-wife was given the car in the divorce but has stopped making payments?

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What can I do if my ex-wife was given the car in the divorce but has stopped making payments?

My ex-wife has stopped making payments on the car that was given to her in the divorce. I try to contact her about it and all she does is play mind games. I cannot afford to take her back to court and she cannot afford a lawyer either. Would I be wrong to send her a letter giving her 30 days to make it current, refinance or give it back to me? She is hurting my credit and it has been 8 months straight with late and no payments. I am frustrated and it is hurting my new marriage.

Asked on June 29, 2011 under Bankruptcy Law, New Mexico

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  This is often an issue that comes up after the divorce.  The parties think that the matter is done with once the papers are signed.  But the lenders of the marital property are not a party to the divorce and are not bound by the agreement. Here is the problem with your proposition:  you legally agreed to something else and she does not have to agree to anything you ask.  She can agree to it and you can enter in to a modification of the original agreement, but I would not do so unless an attorney review it prior to signature.  Or you can go to court yourself and file a motion for contempt and to modify.  Good luck to you. 


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