My husband and I are going through a divorce. While we were married we bought a boat together and put it in my name because I had better credit. He has had the boat ever since our divorce began over a year ago and has been making monthly payments on it. Now he is telling me that the boat is in my name so he wants me to pick it up and also pay him back for all the paymenst he has made up to this point (around $8,000.00) Am I legally reponsible to repay him for something he has had in his posession up until now?
2 Answers from Attorneys
Re: Personal property
You might argue the payments were a gift or that he is bound to continue the payments as that is what he agreed to do, but since it was bought "together," this should be determined in the divorce case. This needs to be resolved by agreement or mediation or court proceeding ASAP to avoid damaging your credit.
Re: Personal property
Given your description it would appear that the boat is marital property and even though it is titled in your name he would be responsible for his share of any marital debt associated with the property. However, until you reach an agreement or until the Court makes this determination whoever holds note on the boat will look to you to satisfy the debt.
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