Quitclaim and marital debts


#1

Can an auto loan in both names be divided under ED if both names are on the loan? She left the car but I need it and want to keep it. She does not want it.

Also, she is on the deed of trust for a loan I had to take out to pay off my credit card that she ran up (over $30,000). I can prove the charges were hers alone. She signed a quitclaim. (I owned the property free and clear before we got married.)

In a very short marriage, my STBX cleaned out my bank account and retirement funds and now just wants to walk away and leave me with the mess. (I recently learned she has done this to others, too.) I just want to try to recoup some of the damage, if possible.

Thank you.


#2

The car loan will have to be paid or refinanced to get her name off of it.

If she is on the deed of trust then that is marital debt and she is responsible for half.

If she was a spendthrift then you could ask the court for a distribution of assets and debts in your favor.


#3

Thank you for your reply.

I guess this is farfetched, but I want to ask: If her name is on the deed of trust, can I ask for her to pay half the amount of the loan to me under ED? I do not want to have to get rid of my property–can she make me have to sell it somehow?

Along the same lines, would she have to pay me half the loan on the car since her name is on the loan?

I don’t want to be vengeful, but the truth is, but I don’t make enough money to cover my normal household expenses and the debts she left. If she had to pay half of them, perhaps I could refinance and be able to handle everything. I did have an excellent credit record–I hope I could still get financing.

Thank you again.