Legal Question in Credit and Debt Law in California
can a judgement in divorce override a legal contract?
my soon to be ex has had a truck that was purchased in my name with a $24,000 balance since 10/07. He wants to keep the truck which is fine with me. We finished filing the last of our divorce papers yesterday and legal aid put in the papers for my husband to be responsible for the truck and that a judgment would be made to that affect. Is this judgment enough to get the lien holder off my back about the $4,000 past due amount my husband has not paid on the truck and the harm it has done to my credit?
1 Answer from Attorneys
Re: can a judgement in divorce override a legal contract?
No. One has nothing to do with the other. It is between you and your ex. The bank/finance company will look to you for repayment. You are the one who purchased the truck, and it is your credit that was used to secure financing.
As a practical matter, if you have no need for the truck, and you trust your ex to make payments, then you should be fine.
But it sounds as if he is already in arrears; thus, you will be on the proverbial hook for all past due balances and worse yet, if the truck is repossessed and sold, leaving a deficiency, you will be liable for that as well.
Presumably, your property division paperwork was done correctly, and you have a right of indemnity against your ex. But it probably should have been structured differently in your property division.
If you don't want to be subject to his late payments, then you should consider taking the truck as yours in the divorce.
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