QUESTION

Am I financially responsible for a debt that was designated my ex-wifes in our divorce decree?

Asked on Oct 31st, 2011 on Divorce - Georgia
More details to this question:
In our divorce decree it specifically states that she retains the BMW that we had. We were divorced in 2005, and since that time she has apparently stopped making payments on it. The financers are dunning me for the money owed and/or the car itself. We were married inTexas in 2000, divorced in Alabama in 2007 and since that time she had caused my credit to be messed up because my name is on the things she was awarded in the divorce but has not payed for.
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1 ANSWER

  Unfortunately, your settlement agreement, whether arrived at by joint consent or court order, has no impact on your creditors.  If you were on the loan for the BMW prior to the divorce, unless she refinanced it, you are still on the loan. That being said, oftentimes a divorce decree / settlement agreement will have some sort of indemnification or hold harmless language in it like the following: Husband shall have sole ownership and possession of the vehicles in his possession.  Husband shall be solely responsible for the upkeep of, maintenance of, insurance on and all payments, when due, on such vehicles, relieving Wife of any obligation whatsoever.  Husband shall hold Wife harmless for and fully indemnify Wife of any liability with respect to said indebtedness.  While this type of language won't get you off the hook with the creditor, it does help to establish a cause of action for you to go after your ex for the damages she's caused.      
Answered on Nov 01st, 2011 at 1:07 PM

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