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My husbands EX-wife bought a motorcycle while he was on a deployment. The bike is financed and the bills are in her name. He was left with the bill in the divorce decree. This bike is not in his name and he did not co-sign for it.
We decided to not pay it and call the company to have them repoe it which will affect her credit. Her last car was repoed because she wouldnt pay the bills, and he was a co-signer (which affected him).
Will anything happen to us if we stop paying and allow the company to repoe it? Can his EX-wife do anything to us? It's all in her name and she has control over the vehicle, we dont, we just pay the bills.
**Don't mention children, there arent any. He has absolutely no acces to this bike or finance account. The dealership and finance company will not give him any info (the remaining balance due), or invoices in the mail, and he is not allowed to refiance it. Don't ask why, he is just not allowed. **

2007-01-08 07:40:30 · 4 answers · asked by Momma Bear 2 in Politics & Government Law & Ethics

4 answers

I say let them come and pick it up. If you can't do anything about it, why pay for something you can't even legally own. If she don't like it, then it's just tough. Screw the divorce decree.

2007-01-08 07:47:25 · answer #1 · answered by cajunrescuemedic 6 · 1 2

Good grief. Did she buy it while they were still married? How else was property, & debts divided in the decree? From what you say, this is hard to believe! If he has to pay the bill, the finance company should be REQUIRED to advise him of everything. You truly need legal advice specializing in divorce.I'd definitely NOT stop paying, because even if they repossess it, the unpaid balance will be on your credit report. This is so perplexing without more information. It's possible that if you continue to pay, she will then have to reimburse you, but if it's in her possession & title, there would still be a problem. That's why I advise you have legal consultation, where you can "fill in the gaps" that aren't here. & don't wait! Good luck...

Edit: Your second answer was VERY good, but for heaven's sake don't pay attention to Benny! So off the wall--the consequences would be awful. The legal system is complex, & you need someone with expertise. It's possible to find an attorney who will give you a consultation without a fee.

2007-01-08 08:09:48 · answer #2 · answered by Valac Gypsy 6 · 1 0

If he is obliged to pay the loan or finacning by way of court order or separation agreement, and he does not, his wife can go into court to have assets seized, his wages or tax refunds garnished and could possible have her lawyers fees paid as well.

If she is being difficult and not allowing him any access to see the invoices or amounts then I would say she is likely at partial fault and probably wouldn't get solicitor costs.

I am suprised that there would be an order to this effect in the first place. I could see an order that he assume the debt, or pay off the debt, but not that he pay a debt in her name. I could even see them ordering him to provide to her the amount to pay it off, or monthly payments in the sum of the loan payment.

I also don't see why he wouldn't be able to re-finance though. I mean I appreciate that it is not in his name, but the courts or his wife should be able to give him the opportunity to pay it in full or re-finance it if he could possibly get a better credit rate.

Something doesn't seem right here. I would get him to talk to a lawyer. It may cost $$ but it could save him big bucks in court costs or interest payments in the long run.

2007-01-08 08:05:34 · answer #3 · answered by elysialaw 6 · 2 0

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2016-12-28 10:07:42 · answer #4 · answered by ? 4 · 0 0

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