Legal Question in Civil Litigation in California
Ex-husband paid off my loan and wants my property
My husband and I filed A Summary Dissolution of Marriage Aug. 27. We did not file the worksheet that goes with it summarizing our debts and who would pay what. While we were separated (but before we filed for divorce), he cosigned for a bedroom set that I have in my posession. I have made the payments on it. He took out a loan to pay off the bedroom set in full and then filed a suit in small claims court to take posession of the bedroom set. He didn't really want the bedroom set (and he stated that in the first letter he sent me.) I have a restraining order against him and I feel his action was in retaliation against me. Do I have any rights at all or will he win the bedroom set in court?
1 Answer from Attorneys
Re: Ex-husband paid off my loan and wants my property
If your ex was just the co-signor then he has no claim to the furniture, especially if you were making your payments on time. Unless there is more to the story, I don't see how he could win his case.