In a divorce, the ex wife was court ordered to get the husbands name off of her car loan?

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crazartgirl asked:

The ex wife has messed up the ex husbands credit because she doesn’t make her car payments on time. It is a court order for her to take his name off of this but since the bank won’t refinance her because she doesn’t make payments on time, what , if anything can be done about this ? Ha sanyone else had this happen to them and if so could you share your experience ? Thanks very much.

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18 Responses to “In a divorce, the ex wife was court ordered to get the husbands name off of her car loan?”

  1. rp76 says:

    ex boy friend

    nothing. she wanted to be on her own, then she should be on her own. should have tried to keep her man, huh.

  2. Ruby says:

    apologize writing

    If she has the paperwork, she should show it to them. They can’t deny a court order.

  3. JB says:

    apologize writing

    If this person can’t refinance the car, then the only option is to sell it. Sounds like it’s going to be repossessed at some point anyway, so why not sell it.

  4. mahrye says:

    apologize writing

    Yes, that happened to me. My ex wouldn’t make payments on a vehicle that was ‘his’, but my name was on the loan.

    I asked that he be ordered to get it put in his name only and that was awarded.

    HOWEVER, a court order is NOT something that has to be recognized by a bank. The vehicle HAS to be refinanced in only the name of the ex wife. The bank is under no obligation to clear the ex husband of the debt (until it’s refinanced).

    My ex did not do as was ordered and the vehicle was about to be repossessed – which would have hit my credit. So, I ‘stole’ the vehicle, sold it myself, paid off the bank and saved myself from a reposession.

  5. apologize writing

    He could talk to the bank and show the proof of the documentatnion to get his name off the loan. It would be the only thing i can think of that could help.

  6. how to get your ex back

    Bring her back to court and have her charged with contempt. If she can’t refinance it – she’ll have to sell it…file the papers.

  7. letter to ex

    You can try taking a copy of the court order to the bank, but I don’t think the bank has to give her any credit if she doesn’t qualify for a loan on her own.

  8. What to do says:

    ex boy friend

    the ex husband has to go back to court and get another judgment against wife for not getting car out of his name. if wife could not refinance then car should be sold to keep from ex husband from having credit ruined.

  9. regret divorce

    Most places won’t take someone’s name off a loan until the loan is paid for. If I were him, I’d go up to the bank with a copy of the divorce decree and ask them what he has to do to get his name taken off of the loan. He may just be stuck until it is paid for. Right now, the bank considers them both responsible and has a better chance of getting their money. If they take his name off, they can assume they’ll never see it when they consider her payment history. Good luck!

  10. Darwin says:

    ex girl friend

    he should pay whatever has been acquired through his credit… and he should also file something to acquire the car and dispose of it in a manner he deems best.

  11. 4real says:

    letter to ex

    If his name is on it he can take possession of the car if she fails to make the note on the car. Then he can sell the vehicle and give her half if she is in titled too it. Once ur name is on the loan u r responsible party for the life of the loan unless u refinance and remove ur name from the loan, but since she is not willing then he can take possession of the vehicle if she has defaulted on the loan he has that right.

  12. Tiare says:

    letter to ex

    The bank is under no obligation to give her a loan based on a court order. If she does not have the credit, she wont get the loan. He is still liable for the payments and his credit will take the hit regardless of what the court order says. He can TRY and take her back to court for contempt, but you cant get blood from a stone. And his credit is going to be affected. He should either make the payments himself to save his credit or get his car back and sell it before it is repossessed and his credit is completely shot

  13. Jennifer says:

    letter to ex

    Ex-husband needs to take the steps to protect his own credit. He should contact bank with court order to show his name was to be removed and then contact the credit bureau to ensure that his credit is not damaged.
    As long as he has the legal documentation that states he is not responsible then he isn’t and the ex-wifes problems are not his to deal with.

  14. msme says:

    apologize writing

    Unless the vehicle is titled only in her name he should be able to take the vehicle from her. You probably want to confirm with the police or an attorney first.

  15. Blinky says:

    apologize writing

    Banks do not care about what is court ordered. Once a person signs a loan, or co-signs a loan it is their responsibility to pay….whether it is a loan or debt with credit cards. This happens all the time with spouses going through divorce and getting their credit ruined by the other spouse. The only thing to do is 1. have the car sold 2. possibly she could get a co-signer on a new loan but that doesn’t sound possible. Best thing, sell the car and pay off the debt and have the guy start rebuilding his credit asap.

  16. apologize writing

    The court, in this case, can order anything it wants. The bank does not have to go along with it. It comes down to this, if she can on refi the car loan, the court can not make the bank do it. What the ex husband can do is get his credit corrected by showing the Credit Bureau that court order.

  17. Anthony says:

    apologize writing

    This question is really varied by the state.

    Court Orders are just what they are Court Orders. The Bank is not a party to the original suit – that is why they have leway in following the courts order. The other spouse is. You could bring the issue back to court – the court should find your ex in contempt of court for violating the order (these are just teeth). The court could order the vehicle to be sold, or transfer the right to sell the vehicle to you – as this property was obviously awarded the other party.

    You could go down the other avenue, and file a claim against the bank. They would probably re-fiance the car under the same terms – just so as not to waste legal expenses defending the case (the could however have the case dismissed on merits of the case though – this would cost you the filing fee). You do not have the right to repossess the car, and sell it even if your name is on the title, but epecially if it is not (grand theft auto). However if your ex took you to court – they would have almost no standing as they have not been making payments.

    While you are at it call each credit beureua, and have them password protect your credit file (free). This will keep her from using your information for other loans, and anyone else. Only inconvience is you have to give permission everytime someone tries to pull your credit report.

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