Legal Question in Credit and Debt Law in California

Re: Debt responsibility for vehicle not in possession of after divorce

you signed a contract with the loan company promising to pay the loan NO MATTER WHAT. Why would you think you can get off the loan?

Re: Debt responsibility for vehicle not in possession of after divorce

You are responsible for the loan, just as your ex is. The divorce courts can only order who will be responsible. They cannot order a lender to remove one person from the obligation. The Re-fi has to be done by your ex. You may want to try to reposess the vehicle, since it appears from what you are saying, your ex is not making payments. Then you can sell it, and pay off the loan.

Re: Debt responsibility for vehicle not in possession of after divorce

You are in deeper trouble than you think. If and when the lender gets possession they will obtain a deficiency judgment against you to the tune of tens of thousands of dollars. your only recourse at that time will be to file bankruptcy or collect from your spouse--which is unlikely. If you are able to get possession, you could use the motorhome as a bargaining chip. Do not give them possession until you work out a written agreement with them. If you have a lot of debts of the marriage in your name, you might want to consider bankruptcy anyway.