Legal Question in Family Law in Utah
loan payments
This question is for my father.
Before the divorce he and his wife took out a loan, for her, through a credit union (I believe his credit union).
They recently divorced, she was court ordered to pay off the loan. She has not. My father has been paying it he is afraid it wiil effect his credit.
How can he keep this from effecting his credit, him not making the payments and keep from going back to court to make her pay?
Is there a way to have the credit union change the loan or have it appear on her credit and not his?
1 Answer from Attorneys
Re: loan payments
Your father may have to pay the loan to keep it from affecting his credit. However, she will still owe your father that amount of money. Even if she takes out bankruptcy, the debt to your father/credit union will survive bankruptcy. Your father can garnish her wages or attach her assets to get paid. There is no way to force the credit union to transfer the debt to solely the ex. The credit union relied on both of them to make the loan, and technically both are still liable for the debt. It is just that a new debt was ordered by the judge, from her to your father in the amount owed to the credit union.