Legal Question in Credit and Debt Law in Minnesota
During my daughters marriage her husband had no credit so he asked her to get a John Deere credit card so he could buy a riding lawn mower. He promised to make the payments. So she agreed. Now they are divorced as he didn't want to be burden with her and her MS. He has neglected to keep up on the payments and john Deere is after my daughter to pay. Is there any legal action that we can take to get her name off the account and his put on? If not, can we file a police report that the lawn mower is stolen. Because if she has to pay for it, I would think she would have a right to have it in her possession.
1 Answer from Attorneys
The issue as to who should pay what debts and whether the debt needed to be refinanced out of one parties name was something that could have and should have been addressed in the divorce decree. After the fact, there is little that can be done. She cannot, after the fact, require him to refinance the debt into his name if it was not required bythe decree. She also has no right of ownership since title and responsibility for debt are two separate things.
The vehicle was not stolen and majking a police report that is false can result in criminal charges. Her only remedy is to sue her ex for any debt that she is required to pay contrary to the divorce decree.
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