Legal Question in Credit and Debt Law in Utah

Legal Weight of Divorce decree

my husband was divorced several years ago, and in the divorce decree it was stated that one car was his resposibility and the other hers. she had terrible credit and never refinanced the vehicle in just her name. a couple years ago she sent a letter asking for power of attorney in regards to the vehicle. my husband signed, wanting to be rid of her once and for all. Later, we found out she had missed payments on the vehicle and declared bankruptcy. these past-due payments reflect on my husband's credit report and say he now owes the debt from her car. we are getting letters from collection agents saying he is responsible now for the debt. Does the divorce decree hold any weight in this matter? How can he be responsible for a vehicle that was decreed to be her 'sole responsibility' upon divorce? He has perfect credit otherwise, and I feel this is very unfair. Is there anything to do in this matter? thanks


Asked on 10/01/06, 1:02 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Legal Weight of Divorce decree

Husband should have objected to bankruptcy claim on the car. However, he can still go back to the divorce court and get an order for her to make the payments and also request attorney fees and damages for the hit to his credit.

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Answered on 10/02/06, 11:47 am


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