How do I get a court order to get my name removed from an auto loan as a co-signer?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I get a court order to get my name removed from an auto loan as a co-signer?
My ex-husband was awarded sole responsibility of the vehicle in the divorce decree but has defaulted on the payments for several months. He has taken the vehicle out of state and I have tried everything to find him let alone get the vehicle back. The bank is now pulling money out of my account and my credit is going down.
Asked on October 13, 2011 under Bankruptcy Law, Delaware
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately, I'm afraid that you can't get your name removed. A contract is a contract. Your creditor was not a party to your divorce action. Accordingly this means that you remain obligated for the loan. However, his liability under the divorce degree does mean that you can sue your ex for any monies that you are/will be out of pocket. I realize that this is small comfort since you may never be able to collect and your credit is being damaged, however it the law.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.