Legal Question in Family Law in Texas

Property issue in divorce decree

My wife was awarded a 2004 Ford Explorer in her divorce decree with her ex-husband. He is responsible for paying the remainder of the loan. My wife was in an accident resulting in a total loss of the vehicle. The insurance company says they are legally bound to pay off the loan first and pay the balance to her. This relieves her ex-husband of paying the loan and gives us ~40% of the insurance settlement in cash to replace the totaled vehcile. We would like her ex husband to pay the balance of the loan in payments equivalent in dollar and schedule to us to recoup the remainder of the insurance settlement. Is he responsible or can he be forced legally to continue to make the payments to us?


Asked on 7/29/08, 3:42 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Property issue in divorce decree

Depends upon what the judge says. Most decrees do not have a provision providing for the scenario you describe. (Insurance is correct, they are not bound by the terms of the order, since they are a third party). The ex might have gotten lucky and gotten a windfall, but an excellent argument can be made to order him to make the balance of payments to her. She would need to file a Petition to Clarify (and possibly modify) the decree.

Read more
Answered on 7/29/08, 4:25 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas