If my wife agreed to pay car loan on a loan that I signed for and the car was repossessed, is she responsible for remaining $8000?
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If my wife agreed to pay car loan on a loan that I signed for and the car was repossessed, is she responsible for remaining $8000?
She agreed in our divorce papers.
Asked on October 26, 2011 under Family Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
An agreement to take over, reimburse, pay for, etc. another person's debt is enforceable, including if the agreement is contained in divorce papers. So you should be able to enforce the agreement and make your ex-wife pay whatever she agreed to pay in the papers.
If you signed the loan, then the lender will look to recover the money from you--they can't go after your ex-wife if she is not a party to the loan. If you don't pay, they can sue you for it. However, you in turn would seem to have grounds to then sue her for the money she owes you, assuming that she does not voluntarily pay it.
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