Legal Question in Family Law in Maryland

My divorce was finalized on October 31,2010. In the agreement is states any joint debts should be either paid off or refinanced. We had two auto loans and one motorcycle loan. Both cars are paid off however he refuses to do anything about it. Will not sell it nor will he refinance it, plus he is currently 90 days past due. Which is damaging my credit report. I have worked hard on bring my credit score back up and want to purchase a new home. Of course it's hard to do that when my credit report is being driven by my x-husband lack of respect. What can I do to make him get the motorcycle out of my name. I have asked and asked and he just tells me to deal with it. I need advise on what to do. Is there sometime of paperwork I need to fill out for the courts, if so where do I fine it.

Thank you so much for your help

Stephanie


Asked on 12/17/11, 7:20 pm

2 Answers from Attorneys

Paula McGill Paula McGill Attorney at Law

You have to file a petition for contempt to have the court force him to sell the motorcycle..

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Answered on 12/17/11, 10:51 pm
Robert Sher Wagshal and Sher

Even if you are able to get the motorcycle sold, unless the sale would bring enough to pay off the loan, you'll still have credit consequences. It will probably be repossessed by the lender if nothing is done. If he is getting a regular paycheck, in your contempt petition you could ask the court to order him to sign over the title and relinquish the motorcycle to you, order him to pay legal expenses and enter a judgment against for any losses you sustain from a sale of the vehicle. That might get his attention.

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Answered on 12/19/11, 7:08 am


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