Quick Advice re: Divorce, car repo, financing

[some Beach]

Hey all,
About 7-8 months ago when I was going through my divorce, I got a lot of moral support from people here at TGT. Some of you might remember, it was about my ex-wife giving my guns to my ex-neighbor then he said he's not giving me my guns back until he's ready, blah blah blah. Long story short, I got my guns back.

Quick advice needed now; I want to run this passed you guys and get your opinions. The van was awarded to the exW but it is financed 100% under my name (she is not even a co-signer). Now that she realizes how bad her finances really are, she sends me an email telling me she's tried refinancing the vehicle and trading it in (upside down) but dealers can't work with her. She said one of her friends (people that have been giving her bad advice all along), will give her one of their older cars and do a "private" loan to her, something she can afford.

The divorce decree says:

Property to Wife
IT IS ORDERED AND DECREED that the wife, [exW name here], is awarded the following as her sole and separate property, and the husband is divested of all right, title, interest, and claim in and to that property:
W-6. The 2xxx [car] motor vehicle, vehicle identification number xxxxxxxxxxxxxxxxx, together with all prepaid insurance, keys, and title documents.

Can she do this, legally?? Since I cannot afford the note it will go back to bank just like my car did when I got divorced. 2 repos in my credit reports is just plain bad bad bad...

Any advice you guys can give is GREATLY appreciated!!!

 

[Texasjack]

Those of us who've been through a divorce know what an agonizing thing it is. Just to make it 'special', the process goes on and on for a long time. If ever the ban on 'cruel and unusual punishment' should apply it is to a divorce.

You really need to talk to your attorney on this one. I think the world of the folks on this forum, but I wouldn't dream of having them conduct my legal affairs or do brain surgery.

It looks like the title would have been signed over to her, making the van her responsibility. Again, I'm not an attorney (and wouldn't disappoint my mother by becoming one.)

 

[Texas1911]

The only person I would recommend talking to is Sean Cody (SC-Texas), he does family law and has experience with this.

From what I can read, all of your vested interest, etc. was given away ... I would presume this means the debt is incurred by her. I would call the creditor and ask them what you can do to remove your name from the loan.

 

[some Beach]

Thanks guys... @Texas1911: yes, I tried calling the lender and explaining my situation. This applies to everyone here, as much as it hurts to say this: a divorce (and decree) is a civil matter. The lender(s) don't care what decree says and who was awarded what. They just want payment from the person whose name appears on the loan paperwork.

The only remedy is for her to refi the car under her name but since she's upside-down too much on the current car, the new car note would be equal to/more than the new car loan. Basically she's just sticking it to me real good so I'll have to consult a lawyer on this. She even said something about calling the lender this coming Saturday to turn it in! :O

 

[jtriron]

Sucks Bro. We all "live and learn" sooner or later. Good luck to you.

 

[kyletxria1911a1]

will kee you in my prayers GOD bless and keep

 

[Texan2]

Been through this and have a close lawyer friend who does divorces, and the loan officer at my bank lives next door to me. We have discussed this subject in the past. In Texas whatever you aquire during marriage is community property. Even when you were married the van was 1/2 hers if you bought it during the marriage.
Now the judge decided to give it to her. Its 100% hers. She can do with it what she wants, but guess what sucks? You can't get off the note till its paid for. YOU signed a contract with the bank. I doubt it said, "I will pay for this unlss I get divorced and she gets it". You signed a contract to pay for it, now despite all that has happened, they expect you to pay for it.
It sucks big time, but that is how it is. I agree that you should consult your attorney, but get ready for the bad news.

 

[some Beach]

@ kyletxria1911a1 - thank you for your prayers!!!!

@ texascop2 - yeah, it's a terrible thing to go through for anyone. Unfortunately it's happening to me this time and I'm sure I won't be the last. As far as being responsible for the loan, the lender is quite clear about wanting their money! LOL! I guess my real question is, when she gives me back the car and it sells at auction, can I go after her in small claims court for the deficiency balance?? Or, if I sell it privately can I go after her for the $$$ I had to pony up to the lender to release the title?

Anyone?? Thanks again guys! TGT is the best!!!

 

[navyguy]

I think you have some remedy here but unfortunately it will no doubt take some doing on your part and perhaps a lawyer.

I think the divorce decree should have spelled out that she would be responsible for continuing payments, and what would happen if she defaulted. Depending on how much upside down the note is, all in all you might be better off taking the car back, selling it for as much as you can and put that towards paying off the note. If you lose some cash ion the deal, it might be less than the costs of legal actions, especially since your X has no money and you can't get blood out of a rock. The lender will either get their money or the car. Just something else to consider.

 

[West Texas]

While I am NOT a lawyer, I did shoot at one once...and I have been through this ugly thing called a divorce, and had a situation that was very simular. I went back to the court and in the hearing had a chance to explain all of this to the Judge, who then ordered HER to make the payment AND THE LENDER TO RELEASE ME FROM THE NOTE and work something out with her.

Would his ruling have stood up under some type of appeal? I don't know...but since it was a local bank who didn't want to piss off the judge, they did as ordered, she made the payments and all was good.

I sure miss that car sometimes...

 

[jake75]

That's not too bad. I lost my car because the spousal support and child support at the same time drained me. I ended up loosing my house later on. I got stuck with the 3 months of bills she was supposed to pay and had honey holed away. Plus when I got home from work her parents had rented a moving van and stripped the house except for a love saet and small TV.Then when I got to court I got slammed again a year later. You think it will never end but theres light at the end of the tunnel. At least thats what I keep telling myself.

 

[kyletxria1911a1]

i got divorced a while back 20-25 yrs ago no kids i was young so i just left everything.to start over, GOD walked me through it as he will you. so through this hard time plz dont get jaded, he (the lord) will see you through. stay close to family and friends. and if you need anything please call me or pm me any time. if you need a benefit let me know and i will twist arms to come through