Legal Question in Civil Litigation in Virginia
My divorce finalized May 09. In Feb 08, my exhusband and I purchased a truck and I was cosigner. It was for my birthday. I drove it for a two weeks and we separated and he took the truck into his possession. I was going to be having the truck but he took it from me and removed me off the property by police after telling them I had been gone for 30 days and lied. I was only gone for 13 days. I now have proof that I had been there within two weeks and cohabitated with him because of the divorce papers, he didn't lie on them. He has made all payments on it, his girlfriend wrecked it in March 09. He has since bounced checks at DMV and I had to pay them off so I could get a reprint of my license for other reasons. He is now suing me for payments on the car after trying to pay me to remove my name off of the title and loan so he could refinance. Am I truely responsible for this?
2 Answers from Attorneys
If you mean to ask whether you're still responsible for the truck loan, the answer would be yes if you're a co-signer of the note for the vehicle. However, that in no way means that you're legally responsible for reimbursing your exhusband for half of the payments which he's made on the vehicle if that's what he's trying to claim in his suit against you.
Nevertheless, it might also be noted that if he's willing to pay you to have your name removed from the loan and the title to the vehicle, it would seem that could well be in your best interest since you apparently no longer have any access to the vehicle.
I agree and it would have made sense to resolve everything in your divorce.
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