Legal Question in Family Law in Illinois
Debt Division
My ex husband and I accumulated a little debt while we were married. A few of the credit cards were soley in my name even tho he racked up the credit... Im taking care of those regardless... There were some others that were joint, that he refuses to pay on and is ruining my credit what can I do about that.. We also bought a car together and it is in both our names, im the primary and he is the secondary, I was being nice when i left it for him, could he have the right to sue me if i decide to take it back since he is not paying on the bills he should be
2 Answers from Attorneys
Re: Debt Division
I am a bit confused. Do you have a divorce agreement that provides for who is responsible for what debt? Typically credit cards, car payments, and other debt is divided up at the time of divorce. If you have not had the finances settled properly, it might be time to go to Court.
If you take the car when it is still in your name, then you can probably take the car but I am very hesitant to say yes without talking to you about what happened at the divorce.
Please feel free to call us if you want to talk about your case.
Re: Debt Division
This is a simple question and you have the answer. If the car in question is listed in the Marital Settlement Agreement as being yours, you can go take it, if it listed as his, he gets it even if your responsible for the debt. If it gets repossessed, the car equity will be used to pay off the communal debt, and you will be responsible for the rest.
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