Legal Question in Family Law in Texas
In my divorce the court awarded my ex her suv but the loan is in my name. Can the court order the car loan to stay in my name just because she has bad credit and can't get a loan for the amount that is left on the loan?
2 Answers from Attorneys
Yes, a court cannot interfer with a third party creditor, the bank loan.
So you are still liable for the car loan. If she does not make the payments, it will ruin your credit.
If you had a lawyer, the lawyer should have told you that.
Sorry!
Remember that you and your wife are parties to the divorce, and the court has jurisdiction over you (and can make orders that you have to obey); the court has NO jurisdiction over the folks who made the SUV loan.
The court didn't order the car loan to stay in anybody's name.
Yes, the court can make the kind of order that it made, even though it isn't very fair to you (Mom could default on the SUV loan, and it would affect YOUR credit rating).