Legal Question in Credit and Debt Law in California
In 2007, my ex-husband was awarded a vehicle that had been purchased in both of our names. The court paperwork explicitly states that he is "Solely responsible for maintaining the vehicle and any debts owed on the vehicle." In late 2007, the car was totalled out by the insurance company after he got into an accident. Today, I received a call from the company that financed the loan. The woman told me that after the payment from the insurance company there was a balance of over $3000. I was shocked to say the least. She also informed me that they will garnish MY wages to pay the debt because they did not know where my ex-husband lives or works.
Am I legally responsible for this car debt if the court determined that my ex-husband was solely responsible at time of our divorce? If not, what should I do?
1 Answer from Attorneys
You are both still legally responsible for the car debt because you both borrowed the money. The divorce court can order your ex-husband to reimburse you in case you do end up paying on the debt, but the divorce court cannot relieve of your underlying obligation to the car lender.
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