Legal Question in Family Law in New Mexico
I have been divorced for 2 years a year after my divorce my ex-husband had a vehicle repossed that was in both our names. Later he filed for bankruptcy will the creditor come after me for the debt owed on the vehicle even if I don't have an income? And if I remarry can they try to use my new husbands income to pay the debt?
1 Answer from Attorneys
If you were married when you took out the loan on the car, and the lender did not agree that it was your husband's separate debt (almost never the case) then in general you are also liable for the whole debt. You might ask a bankruptcy lawyer whether a discharge of your husband's liability also discharges yours, I don't think so. But if not, when you marry again the debt will be your separate debt, and they must first go after any separate property or income you have. However, your new hub's income will be community property, thus half yours, and they could come after your half if your separate property is not sufficient to retire the debt.. Whether the crediitor will actually come after you is another question that only the creditor can answer - depends on how much it is. If they do, keep in mind that they generally sell the debt to a collection agency for a small part of the debt, so you may be able to buy them out for a small percent of the total (say, 10%, sometimes more, sometimes less). Doesn't hurt to ask.