Legal Question in Family Law in Georgia
home equity and vehicle loan
I am trying to go through a low cost/ civil divorce. My soon to be Ex and I have a home equity loan that my name is on, His name is on the house. Also He has a Dodge Durango that my name is also on the loan.. My issue is I know he will not be able to afford them and he will not sell them, he does not make enough to re-loan them by himself.. my question is there any way I can go about removing my name from these agreements? I am afraid that his stubborness to sell these are going to affect me.
2 Answers from Attorneys
Re: home equity and vehicle loan
Joint debts pose a problem, and your goal of a low cost divorce, unless he cooperates, is not possible. With his cooperation, you can hold costs down.
There is NO way to remove your name from a loan in a divorce unless your husband refinances or unless you sell the property and pay off the loan. Although a court can order him to pay, the lenders can still pursue you if he does not.
It is extremely vital that you have legal counsel to protect yourself in this situation. If you're in metro Atlanta call me so I can help you evaluate the options. Bear in mind that your effort to save money on the divorce could cost you many thousands or tens of thousands when he defaults.
Re: home equity and vehicle loan
In spite of your desire to keep costs down, you may wind up in bad shape with these issues if you decide to represent yourself. The cost of hiring an attorney may well be peanuts compared to what you might suffer otherwise. E.g., you are liable on the loans you are on until and unless he is forced to pay them off or refinance.