Legal Question in Family Law in Ohio
Hello:
Last year my lovely wife had an affair and tore me in two. She married the person she had the affair with. Our divorce ended with a dissolutionment using one lawyer. Hers. In the divorce agreement it states that she is to recieve the 2005 jeep liberty and I am required to pay the loan off with the proceeds of the sale of our home . The car is in my name and the loan. The papers say she gets the jeep free and clear and that she is responsible for any indebtness thereon.My question is do i have to continue paying for her and her husbands jeep or can I legally transfer the loan into her name. I am paying full coverage ins. on the jeep also in accordance to the loan. It is hard to make that payment. Really stings. Thankyou for your time
Tim
1 Answer from Attorneys
In Ohio, your relationship with third parties (such as the company you have the loan on the jeep with) is not affected by the termination of your marriage nor the terms of the dissolution from the court. This means that as far as the finance company goes, you still owe the money on the jeep and they can sue you if you don't pay.
However, since your ex wife was (and still is) a party to the dissolution, then she can be forced by the court to follow the terms of the dissolution. If she is not following the terms of the disolution, then your remedy is to file a contempt of court action against her and then she will have to come in to court and explain why she is not following the court's order. If the court decides to enforce its order (which they usually do) then they will sentence her to several days in jail, but suspend the sentence so long as she comes into compliance with the terms of the court order very soon.
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