Legal Question in Credit and Debt Law in Virginia
Vehicle debt
In my husband's divorce decree, his ex was ordered to change the title on the car she drives to her name only and make all car payments. The car was jointly financed by my husband and her. She has never had his named removed from the title because she can not qualify for a refinance loan. She is consistently missing payments or very late. My husband gets calls from the lein holder demanding payment. Does he have any recourse, i.e. is she in contempt of court for failing to follow the divorce order? His credit rating is going down hill because of this. What can he do to get this resolved?
1 Answer from Attorneys
Re: Vehicle debt
Yes, your husband's ex-wife could possibly be found in contempt of court for not following through with the court's order. He could ask the
lawyer who represented him in the divorce to file what's called a Rule To Show Cause. However, if
the ex-wife had the intent to follow through with the court's order but simply lacked the financial werewithal, it's rather unlikely that she would actually be found in contempt of court.
If your husband is currently a legal co-owner of the vehicle, he would also have the right to take
possession of it and sell it to pay off the loan.
(This would, of course, necessitate his securing his former's wife signature on the title in order
to complete the sale.)
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