Legal Question in Family Law in California

I have an individual auto loan and am getting a divorce in California. I know that a divorce decree cannot override the lenders agreement. There is no where on the court form to say it's and individual loan and that she lives in Kentucky and I live in Germany. If the judge says she gets the vehicle does the judge put in a stipulation that she has to qualify for the loan which she doesn't, how would the judge know since there is now where to put that it is an individual loan. If the judge says the vehicle is to be sold which after being sold would leave me with about a negative $10,000 balance, since she is not on the loan can the judge order the lender to force the debt after being sold to be 50/50? If not can I not sell it since there would only be debt in my name?


Asked on 3/09/11, 9:46 am

1 Answer from Attorneys
Isi Mataele 'Isi Mataele Attorney at Law

The court will determine how all assets and liabilities are divided. If the loan is in your name, the judge will probably let you keep it and have her share offset.

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Answered on 3/09/11, 5:10 pm


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