Legal Question in Family Law in Indiana
Divorce was final Oct. 29th spouse agreed to take sole possession of vehicle, it states that I am free of indebtedness, in divorce. It was titled in both our names. Nov. 25th she filed chapter 7. How is the loan my responsibility?
Asked on 12/04/09, 12:45 am
1 Answer from Attorneys
Jay Rigdon
Rockhill Pinnick LLP
The divorce court can not change the rights of third party creditors. It just assigns debt as between the two parties. If you signed the car loan, you owe the car loan. If there is a hold harmless agreement in your decree, you can still pursue your spouse for debt arising from your decree, including this one, if you end up having to pay any of the car loan to the creditor.
Answered on 12/09/09, 12:41 pm