Legal Question in Family Law in Texas
I have been divorced from my ex wife for about 9 months. It was mutually agreed upon. I waived my right to be served and we did not use an attorney. We had reached a verbal agreement that I would continue paying for her car - which is still under both our names - until she was in a position to do so. After I waived my right to be served, she told me she didn't trust me and added the car to the divorce decree upon filing, even though she'd said she wouldn't. In the decree, she did not include that she intended to take over when she was financially able, just that I would maintain payments. She has maintained this verbal agreement, but claims she is still unable to take the payments over.
She now has a live-in boyfriend who is employed but in school. She's not expecting him to pay half of her bills, but she is still expecting me to pay for her car. I feel as though she's using me to subsidize her life with her boyfriend, now that she has a roommate who could conceivably change her financial situation.
I feel the verbal agreement is subjective, but it's not described that way in the divorce decree. She keeps saying she will take on payments but can't yet, and reminding me of the indefiniteness of the statement on the decree. Do I have any options to get out of this, and get my name off the lease?
2 Answers from Attorneys
You're saying that the lease is in both your names.
Here's the problem: From the point of view of the leasing company, it doesn't matter what a decree says, or what agreements you made with the ex-wife. The leasing company wants their money every month, period. They don't care if you're married, single, divorced, or widowed. If they don't receive their money, they will go after BOTH of you, and it will affect the credit ratings of BOTH parties.
This is a "loose end" that couldn't have been tied up (in your divorce action) unless one of you re-financed the car in his own name.
I agree with Mark Dunn. It was your choice not to read the Final Decree of Divorce and not to hire a lawyer. You "trusted" your ex-wife. It's too late to go back into court and revise the Decree.
A court cannot interfere with a 3rd party creditor. This is a contract you made with a leasing company. You have to negotiate directly with them. No court can interfere with that contract -- a court cannot remove your name from a legal obligation.
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