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