Legal Question in Family Law in New Mexico
My wife and i are going to file for divorce, We have a truck with a high payment. The truck is in her and her dads name. At 1st her dad wanted me to keep the truck and pay it like i have been but now he changed his mind and wants her to keep it. He told her he wants to take me to court so i have to pay it. Can he do this even tho the truck is not in my name?
1 Answer from Attorneys
The general answer to your question is no. The rule regarding 'things' that get regular monthly payments is that the person who takes the property takes the debt associated with the property. While you did not (and cannot in this limited forum) explain all the nuances associated with your case you can generally know that if she is going to take the truck then she will be required to take the payment. Otherwise, if, as a community you cannot afford the payment then you will be required to try and sell the asset. Perhaps her father will want to buy it from the two of you. As you can see from this answer it might be quite valuable to you to go and talk to a lawyer about all the different aspects of getting a divorce.
Good Luck
Law Guru
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