Legal Question in Family Law in Michigan

car loan

I am the plaintiff in a divorce case and my wife is the defendant. We have a car loan that is in both are names and the title is also in both are names. The defendant has possession of the vehicle. I requested in my divorce papers to have the loan refinanced in the defendants name to absolve the plaintiff of all debt on the vehicle. The defendants answer states that the Judgement of Divorce may be filed as evidence of a lein on the said vehicle in favor of the plaintiff. What does that mean?


Asked on 12/10/08, 8:40 pm

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: car loan

It means that your wife is claiming the judgment will be proof that she must pay the debt. However, in the divorces I have done, I always recommend that the judgment require refinancing within x number of days. While it is harder to get refinancing these days, you understandably do not want your credit to be down the tubes if she cannot pay. I happen to be in Mount Pleasant (which your zip code indicates is where you are) if you would like to speak with me about this matter.

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Answered on 12/12/08, 7:05 pm


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