Legal Question in Family Law in Missouri

Ex car loan default e

Ex husband had a car loan default. In our divorce papers it was stated who was to assume which car loans, he was to assume the debt on a 1995 Lincoln Town car. Now that he has past away Iam called by a collection comapany that I owe on this loan and I need to pay it


Asked on 1/17/06, 4:50 am

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Ex car loan default e

If you also signed a promissory note on the car, then the Divorce Judgment did not protect you from collection by the creditor if the ex-husband did not pay for any reason. The creditor is usually free to pursue collection from any party that signed the note. The divorce Agreement or Judgment probably provided for your ex-husband to pay the debt and "hold you harmless". That means that if you would ever have to pay the debt, you would be entitled to try and get your money back from your ex-husband. If he died leaving any kind of estate, you may still make a claim and try to collect out of his estate based upon the divorce language. BTW, you did not say whether your name was still on the title as a joint owner. If so, you might have a dispute with your ex-husbands estate over who owns the car. Good luck.

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Answered on 1/17/06, 1:16 pm


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