One more equitable distribution question


#1

Im sorry for having to ask one more question, but here goes. When my ex-wife and I were married (divorce was final in January) during our marriage, due to job loss etc, we had a car repo’d. Right now Im looking at about 9500 that Citi is probably going to sue me for in the next few months, unless I file for bankruptcy first (of which I havent decided yet). IF we go thru the ED process, should she not be held liable for half that amount, considering the car was in both our names?? I really appreciate the information! Many thanks!


#2

I believe she should be held responsible for 1/2 the debt, if it was marital. Of course, if you file for the BK, then when that gets discharged, she will no longer have to pay because the BK would wipe the whole amount out…unless, of course, her name is also on the loan, then I think she’ll get hit for the full amount by the lender…and if the ED says you have to pay 1/2 of that debt, she could probably take you to court for breach of the SA, if you have one…if it’s court ordered, then she could take you to court for contempt if you don’t pay your 1/2…

Don’t know how a BK would come into play with a court order or SA.

This is why I’m asking the courts to make my stbx responsible for 100% of a marital debt that has his name on it, and I want to take on more of the marital debt that is only in my name…that way, if I file a BK, he is still 100% responsible for the debt, and I won’t be in contempt.

WAIT…EDIT…if the divorce is final, unless ED was asked for prior to the divorce being finalized, you can’t file a claim for ED now…that window is closed. If ED was claimed before the divorce finalized, and it just hasn’t been completed yet, then ignore my edit. :slight_smile:


#3

Yes, that debt is divisible debt, but if you did not included shared responsibility for it in your Separation Agreement ( or argue it moving forward in ED). If the loan was in both of your names Citi can and will likely sue both of you to recover the money.