Legal Question in Family Law in Alabama

Default on Divorce Decree

In my divorce decree it states that my x-husband ''get the truck currently in his possession'' and also there is a paragraph that ''he is to hold me harmless........''. The truck that is referenced is in my name as primary and he is secondary on the bank contract. The truck and loan are stated as ''or''. Since our divoce was final, 3 January 2002, my x-husband has made multiple late payments to the bank causing ''black-marks'' on my credit record. He told me back in December 2000 that he was going to trade the truck in for a cheaper one, but as of today he has done nothing but cause my credit record to take a dump. What my main question is, what takes priority over the other does the divoce decree take priority over the bank contract or does the bank contract take priority over the divorce decree. Can I take possession of subject truck since it is still in my name legally without him causing me problems because of the divorce decree. The divorce was granted in the state of Alabama, and I now reside in California.


Asked on 1/03/02, 7:39 pm

2 Answers from Attorneys
Walter Blocker Walter l. Blocker, III P.C.

Re: Default on Divorce Decree

you should abide by the terms of the divorce decree. your x husband has a court ordered possessory interest in the truck and you do not have a possessory interest in the truck. if the decree did recite that he would hold you harmless and it can be proved that he is causing you credit problems then in that event you may, and thats a big may, be able to take him back to court and ask the court to hold him in contempt for failing to make the payments in a timely manner and therefore causing you problems with your credit. please feel free to call me if you need further consultation. leave the truck alone and take him back to court if you can. 205-879-9595

Read more
Answered on 1/04/02, 11:40 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Default on Divorce Decree

the bank contract is not affected by the divorce. dont do ANYTHING not allowed by the current court order without getting permission from the court. That means if the court said he gets possession of the truck you cant touch it unless you go back to court first.

Read more
Answered on 1/03/02, 9:30 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Alabama