Property distribution


#1

I assume when you say “we agreed” you mean that you had a verbal, not a written agreement. Such an agreement is not enforceable.

Your lender will generally not be interested in removing either party from the note on the vehicle. Either you and your spouse agree how to pay the debt or you go to court and let a judge decide. The problem with taking the matter to a judge is that your attorney fees may exceed the cost of dealing with the van.

Tough situation. Sorry.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

I am recently divorced and share a van loan with my ex wife. When we first split, we agreed on who would pay what bills and child support payments, etc. Now, my ex is threatening to let the van “go back”. In the meantime, I could make the payments to protect my credit, however, I am wondering as to what I can do to resolve this issue before it becomes too much of a financial burden. Is there any way my name can be removed from the loan ? Any help with this issue would be greatly appreciated. I currently send her $1K a month for 2 kids and she is covering a 300/mo van note.