Legal Question in Family Law in California

Cosigned Loan responsiblity

I cosigned for my exhusband car after our seperation. In the divorce decree it states he is financially responsible for the vehicle. I just found out he has been making late payments which is affecting my credit. Is there somewhere to get my name off of his vehicle and off my credit report?


Asked on 4/23/03, 6:18 pm

2 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Cosigned Loan responsiblity

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Probably not ... unless he agress to refinance the car on his own.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 5/25/03, 6:57 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Cosigned Loan responsiblity

Unfortunately, the court does not have jurisdiction over the creditor and therefore cannot make orders that would affect the creditor. Therefore this is no practical legal remedy for you. You might, after a few hearings get the judge to order him to refinance or sell the car, but that would be a lot of work, and the judge might not make the order that you request. You are best off to deal with him and ask him to refinance. Good Luck, Pat McCrary

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Answered on 4/23/03, 6:44 pm


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