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04-05-2010, 01:09 PM
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Junior Member
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Join Date: Apr 2010
Posts: 3
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Division of Debt on a Vehicle - HELP!!!
Okay, here is my situation:
My wife and I divorced over a year ago. In the divorce she retained ownership of our vehicle. The vehicle was in both of our names, and I signed ownership over to her.
The vehicle was given to us while we were married by a family member upon our agreement that we would pay them $2000 for the vehicle when we had the money. Being that it was family, nothing was written, documented, or signed.
Before we divorced we paid $800 of the $2000 that was owed.
When she took over ownership of the vehicle there was an amount of $1200 still owed to the family member (my side of the family).
Who is responsible for the remaining $1200 in debt?
FYI: she has since sold the vehicle for $3500
She holds strong that of the remaining $1200, she owes $600 and I owe $600 - however, says that all of the profit from selling the vehicle is hers.
I need help! I need to know if I have any legal precidence here at all. It seems illogical that I would have to pay half of the debt on something that I haven't owned for over a year - and furthermore, would get zero of the profit from selling it....
Someone please help me out here!
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04-05-2010, 01:51 PM
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Senior Member
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Join Date: Jul 2007
Posts: 1,887
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The debt realted to the vehicle should have been addressed during the divorce. Does your divorce decree mention it in any way? This is why you always get things in writing...even from family.
__________________
While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.
http://www.aardvarc.org
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04-05-2010, 02:06 PM
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Junior Member
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Join Date: Apr 2010
Posts: 3
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Nothing in writing
There was nothing in writing - I know, big mistake. And the divorce decree says nothing
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04-05-2010, 03:37 PM
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Member
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Join Date: Mar 2010
Location: Texas
Posts: 41
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Division Of Debt
Normally the party using the car pays for the mortgage, and the utilities. If you retain an interest in the car, that is, if you will be getting some of the proceeds of the car when it is sold, you may be required to pay some of the expenses attached to maintaining the car. Your lawyer can advise you on this issue. It is never recommended to have an agreement where one spouse owns the car and the other is responsible for paying the the indebtedness. The spouse that owns the car would be relying way too much on the ex-spouse. Haven't the court divided your property during the proceedings?
"Property settlement" is the term people use to describe the parties’ agreed-to division and distribution of the property and possessions that they obtained during a marriage. This often includes the following, but is not limited to bank account, debts, the marital home, real estate, pensions, stock options, businesses, copyrights, trademarks, autos, boats, vacation homes/timeshare, jewelry, antiques, art, washer, dryer, refrigerator, stereo, furniture, and other substantial property that was acquired during the marriage.
http://www.textrial.com/contact_us.htm
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04-05-2010, 03:58 PM
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Junior Member
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Join Date: Apr 2010
Posts: 3
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No lawyer
I do not have a lawyer, nor can I afford one. That is simply why I am looking for advice.
Nothing is stated in the divorce paperwork about the debt of the vehicle. It just says that the vehicle is hers.
I'm wondering if it is even my battle? Would it be beneficial for the family member that sold/gave us the vehicle to seek legal action against my ex-wife? Or would part of the debt be legally passed on to me as well?
I'm just trying to figure out if the law is on my side in this situation - or is it on hers?
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04-05-2010, 05:32 PM
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Moderator
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Join Date: Sep 2006
Posts: 15,249
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Without anything in writing it will be very difficult for the party that gave you the car to prove that either of you owe the debt. As for dividing it between you, again, if it isn't in writing it is going to be difficult to do. This really is the fight of the person that gave you the car. If she agrees to pay some of it, he or she may want to take it since it will be difficult to win in court. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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