Legal Question in Family Law in Illinois

I am divorced and the divorce decree states that my ex-wife is responsible for the car payment, and maintenance and I am not held liable. Which means nothing from what I read. I am getting a consolidation loan for my credit debt and they will not give me loan unless I pay of the car as my name is still on loan. I did not have it in divorce aggrement for her to sell or refinance. My fault. Can I get a contract made up that has her follow the same rules as loan aggreement with me instead of bank. Same payment and rules?

Asked on 8/15/12, 11:51 am

1 Answer from Attorneys

Jonathan Shimberg SHIMBERG and CROHN, P.C.

Yes of course you and your ex-wife can agree to a new note to you in lieu of the note to the bank,. You might lose the right to enforce that new agreement in divorce court. An appropriate provision attempting to continue the court's authority to enforce the agreement with the new payee (you) should be included in the agreement you make with your ex-spouse

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Answered on 8/15/12, 12:22 pm

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