Legal Question in Family Law in Texas
My Ex husband was given our truck in the divorce 1 year ago with the responsibility to make payments. The last few months hes been late and I cant get my name removed from the loan. It is now starting to affect my credit. I would be willing to take the truck back and make the payments. What are my legal rights?
1 Answer from Attorneys
This is a common problem, and it is one that the divorce court can't fix.
The loan was a contract involving you, your husband, and the lender. The court can't do anything to change the legal rights of the lender; the lender has two debtors on the hook, and he wants to get paid. He doesn't care who pays.
Depending on how your decree reads, you MIGHT have the remedy of suing your ex if the lender squeezes payments out of you. This is not a satisfactory remedy.