Divorce

I won my car in a divorce and the car is paid off but the finance company will not remove the lien without my ex-husband's permission?

I won my car in a divorce and the car is paid off but the finance company will not remove the lien without my ex-husband's permission?
  1. What happens to car loan after divorce?
  2. Is a car loan considered debt in a divorce?
  3. Can my ex sue me for money after divorce?
  4. How is debt handled in a divorce?
  5. Are car loans marital property?
  6. Should I pay off my car before divorce?
  7. Should you pay off debt before divorce?
  8. Can I transfer my car loan to my wife?
  9. Can you make a financial claim after divorce?
  10. Can I reopen my divorce settlement?
  11. Do I have to pay my spouse after divorce?
  12. Who pays the household bills during a divorce?
  13. Can I be held responsible for ex husband's debt?
  14. Does it matter who files for a divorce first?

What happens to car loan after divorce?

When a couple divorces, they have to sort through their assets and debts and decide who will take what, and who will pay which debts. ... So, if your spouse agrees to pay off the auto loan since they're driving the car and he or she skips payments, the bank can go after you for payment if you're still on the auto loan.

Is a car loan considered debt in a divorce?

You're generally protected if the vehicle and the attached loan name only your wife. ... He may do so if your income is significantly higher than your wife's or if you're considered at fault for the divorce. If that happens, you become responsible for the debt even though you ordinarily wouldn't be.

Can my ex sue me for money after divorce?

In general, yes you can sue. Whether you will be successful or the judge will toss your case out of court is a different question altogether. You may also be required to pay for your ex's lawyer for filing a frivolous lawsuit. So, you need to be careful before you run to the courthouse with a suit in mind.

How is debt handled in a divorce?

As part of the divorce judgment, the court will divide the couple's debts and assets. ... Generally, the court tries to divide assets and debts equally; however, they can also be used to balance one another. For example, a spouse who receives more property might also be assigned more debt.

Are car loans marital property?

Thus, a joint car loan continues to be joint in the eyes of your creditor, even if your former spouse is the party ordered by the court to maintain responsibility for the loan. You do have remedies to protect your credit, which you may be able to incorporate into a divorce decree.

Should I pay off my car before divorce?

“In short, paying your loan off before the divorce simplifies the division of assets. If you can pay it off, it may be worth doing so to prevent future stress. ... Even if you and your spouse come to specific debt agreements, in the eyes of the creditors, you're both still responsible for the loan.

Should you pay off debt before divorce?

If you have any joint debt with your spouse and you can afford to, we highly recommend paying off all marital debt, even before you draw up the divorce papers. ... If you have any cash or savings available, you're better off tapping into that and getting rid of the debt before the divorce is final.

Can I transfer my car loan to my wife?

Your wife will need to refinance the loan under her name. Refinancing is the only way to change the terms of your car loan and the people it includes. This also means that the interest rate (APR) and length of the loan will change. ... On average, car owners pay $85 less every month by refinancing their auto loan.

Can you make a financial claim after divorce?

When you get divorced, you do not automatically sever financial ties with your ex-husband or wife unless you obtain a financial consent order. ... Without obtaining a consent order a former spouse can claim money from their ex many years (sometimes even decades) after the divorce.

Can I reopen my divorce settlement?

In California, a divorce settlement is only able to be re-assessed or reopened if there are exceptional or compelling circumstances at hand, which often center on fraud or misrepresentation in court. ... If your complaints involve fraud, you must bring the issue up within one year after your divorce has closed.

Do I have to pay my spouse after divorce?

Alimony, which is also referred to as "spousal support" in California, is payment from one spouse ("payor spouse") to another ("supported spouse" or "payee spouse") after they separate with plans to divorce. ... In California, spouses can request temporary alimony, permanent alimony, or both.

Who pays the household bills during a divorce?

Divorcing parents will be expected to pay the bills necessary to ensure their children's welfare during the divorce – mortgage payments, for example, household bills or school fees.

Can I be held responsible for ex husband's debt?

If responsibility for your spouse's debts is part of your divorce settlement, this means you must pay these debts. However, if your court determines your spouse is responsible for your debts and he or she does not pay them, you can be sued by the creditors.

Does it matter who files for a divorce first?

Filing for divorce before your spouse allows you more control over the situation from the beginning and could provide some strategic options. Filing for divorce first does not give you any inherent rights over your spouse. ... By filing first, you will be in a better position to predict when these dates will happen.

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