desperate need of advise... divorce question.... kind of a long one too.?

Question

i'm getting a uncontested divorce. we do not want to involve lawyers. hopefully it stays that way.

the problem. we purchases a motorcycle may 2005, and took out the financing in my name, the bike was for him. during our seperation we have been spitting the payments down the middle but the bike has remained in his possession. NOW, at his apartment someone got on the bike in the middle of the night (probably drunk) and dropped it, scratching it bad, and putting a big dent in the casing. He has the bike on his insurance but he has liability only. he has not gotten it repaired. He dropped the bike at my apt saying that he wants nothing to do with it or me anymore. I cannot ride the bike for it is too big, i cannot afford the full payments by myself. and I cannot sell it because i will be taking a huge hit because of the damage.

Should i just let it get repossessed? I don't need to buy a car or get any new CC in the next 7 years? what will happen in the repo process.

My reasoning for wanting an uncontested divorce is because we live in a no fault state, so we’d have to split all of our debt 50/50. The motorcycle is the ONLY thing in my name besides 1 personal credit card that is all my personal spending, and I have that bill under control.

He on the other hand has over $10,000 in credit card debt. And I do not want to be 50% responsible for the debt that he occurred on his own and before we even met. ALL of that debt is from before I knew him, or his stupid spending.


Should I just cut my losses on the bike and let it get repo’d?

Answer 1

Remind him that you both want an uncontested divorce... however, he's giving grounds for the divorce to be contested. Just because the bike is in your name doesn't mean that he is excluded from the marital asset. "Whats yours is his and whats his yours." Everything that's purchased or gained during the marriage is equal property between husband and wife.
For instance, if during a contested divorce, as a marital asset, he could lay claim to the bike, or a portion of its value, -even if the bike is in your name. The court would consider some assets as outright yours if you had custody of the children and the assets were vital to their support (like their furniture). So the same also holds true with debt. Just because some debts are in one persons name and not the other, doesn't automatically exclude the other person. It has to be agreed upon between the parties who will be responsible for whichever bill/debt.
Get a free consultation from an attorney and ask them the same question.

If the bike is repossessed, the loan company/ bank can auction off the bike for whatever they can sell it and then sue you for the rest of the money owed.

Answer 2

I am NOT a lawyer. As a Pastor I do marriage counseling.

This is a question you'll need a lawyer to answer.

However I do know if you let the bike get repossessed it will kill your credit rating.

Since the bike was purchased for him, your divorce agreement should give the bike and the payments to him. That would be the fair way to do it.

As a marriage counselor the above would be what I'd tell both of you.

However if he won't go along with my advice, here is your next best option:

You should get the bike fixed and sell it and use the money to pay off the loan which is in your name. The money you spend to fix the bike is an asset you have contributed to the marriage and if you don't get enough money to pay of the loan 100% whatever is left will need to be split between you.

Really he should pay it all, it was a bike for him, not you.

I hope you can prove that his debts before the marriage are really only his. Guys like him will try to get you to pay off his bills.

Then again some members of the female persuation have been known to do that to their soon to be ex husbands as well.

Which is why you really should do a credit check on your fiancee BEFORE you get married. Remember that next time.

Dapper had some good advice above. If its financed, it usually HAS to be insured. He might have filed a claim and got the money to fix it, put the money in his pocket, then lied to you telling you there is no insurance on it.

So def. call that insurance company.

And yes whoever damaged it can be taken to small claims court.

And you might be able to press criminal damages against whoever damaged it as well. Call it vandalism.

Answer 3

Honestly I would call the company it is financed through and see what they think about the situation. Are you allowed to have liability insurance on something that is still financed? You can't when its a car but I don't know about bikes. If thats the case then he is liable for the damage. You are probably going to have to take the loss one way or another but the finance company may be willing to work with you...on the other they may be big jerks about it but I would certainly try. They will take it and sell it and then hold you responsible for the balance...you would probably be better off selling it yourself because you have a more vested interest in getting more out of it, unfortunately, they have to agree to the sale price. Legally the ex would be held responsible for the damage because it happened in his posession, it doesn't necessarily have to have anything to do with the divorce, its a separate issue really. I'm also not sure I'd buy his story about a mystery 'someone' damaging the bike and if he's lying about that then he's doing it to protect someone else from being held responsible and I wouldnt ruin my credit over that.

Answer 4

Do not let it get repossessed. Your credit looks like it might hurt a lot more in the future if you let that happen. Try to have someone take over your payments. Just ask for a reasonable cash amount. Place the ad in the newspaper or craiglist and pray for the best. P.S. Your husband was a total jerk for dropping off the bike after damaging it.

Answer 5

Getting it repossessed will hurt your credit rating. Instead as part of your uncontested divorce the bike should be sold and you should split the amount remaining to pay off the financing including any penalties for paying it off early. If he won't do that then you should consider taking him to small claims court or put him on Judge Judy to at least pay to have it fixed.

Answer 6

I would not let it get repoed. That will ruin your credit and you don't know what the future will bring. I would go and see how muchit would cost for the repair and maybe include it in the sale price or something. Maybe call whoyou have it financed through and see if there is anything they can help you with. Also call an attorney, they can give you advice.

Answer 7

what i want to know is why was you paying half of the payment if he had full use of the back. in most states that alone kept you bounded to the bike.second of all nothing good can come from not having a lawyer. you need one really bad. your hubby done scrwed you on this bike.only your own lawyer can keep you from being saddled with his debts.if you dont hire a lawyer then when all is said and done you well be wishing all you got stuck with is 50%. I REPEAT GET A LAWYER.......

Answer 8

Let this be a lesson for you. When married get things in both names that way you both are responsible. I would try to find someone to take over the payments. And also I would talk to a lawyer just to be on the safe side. It's sounds like this man would do anything to screw you over.

Answer 9

Don't let it get repo'd. If you have good credit that is the worst thing you could do. If you two are still on good terms, ask him to turn it in on insurance and let them pay for the repairs. I would also start checking in to getting it fixed yourself, it doesn't sound too expensive. Then, after getting it fixed, go ahead and sell it. You might want to check around, one of his buddies may want to buy it, knowing the damage can be fixed. But I would try everything before letting it get repo'd.

Answer 10

You better get all the financial issues like debts in writing. and isist that he pay half the bike payments. Even if its repod, you still owe the money