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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> hold harmless

Ask a Lawyer: Does she have to refinance?

Oct 05, 2007

Question:

My divorce 3 months ago ended in disaster for me. Go figure. Anyway, she was awarded her car in the end. The decree states she is "responsible for the debt of the car and will hold me free from all payments and debt in connection therefrom." If my name is still on the car note, am I not still responsible for the debt? Doesn't she have to remove my name from the loan?

Answer:

I cannot answer your question specifically to the laws of Arizona as I am not licensed in that State. Generally the family court cannot force someone to refinance a loan (mortgage, car, credit card ect). The parties can agree to refinance or sell in a settlement and the court will sign off on the agreement. I do not see the refinancing of automobiles very often. It is usually the marital residence that is a concern. She is required to hold you harmless from the debt on the loan. If she fails to make payment you can sue her for the payments that you make and any harm to your credit rating. Often you will get attorney fees in this situation.

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Ask a Lawyer: Can the ex be forced to sell her house, vehicle, etc?

Nov 29, 1999

Question:

My ex and I have been divorced for a little over a year. We were separated for a year and a half before that, and I am now currently remarried. In the divorce decree she was given the house, van, and custody although we have joint custody on decision making. My question is everytime I turn around the finance company we bought the van from is calling saying she is late on her payment. Both the house and van are in my name but she is to keep all responsibilites to them. I have asked her repeatedly to have both items refinanced into her name and she refuses to do so because her credit isn't good enough. She said I can't make her and I'm starting to believe her. Is there anything I can do to have this done through the court system?

Answer:

I am not licensed in the State of Mississippi and therefore cannot answer your question specifically to the laws of that State. Generally I suggest that you review your judgment and decree of dissolution and look for language concerning her duty to pay the creditors securing the property. Look for a "hold harmless" provision. If it is present you can enforce that provision and ask that the property be sold and for damage to your credit rating. You would need an expert to testify concerning the damage to your credit. Even if the hold harmless provision is not present discuss filing a Motion for Contempt with a local attorney. If you prove that she is in contempt it is possible, if not likely, that you will have your attorney fees paid, though the award of attorney fees varies greatly from jurisdiction to jurisdiction. Obviously your case would suffer greatly if she is missing payments due to your failure to pay support or maintenance. If you were behind, it would be difficult to hold her in contempt.

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Ask a Lawyer: Quit claim and hold harmless

Nov 29, 1999

Question:

I signed a quit claim form and have a hold harmless statement wrtten into my divorce decree. My ex-wife has been delinquent with her mortgage payments and this has devastated my credit. I have talked to the creditor holding the mortgage and various other sources and I keep getting the message that I am ultimately responsible for the mortgage should she default. What was the point in signing the quit claim and hold harmless if I am not protected?! My future wife and I have been trying to purchase a new home and my credit score has been holding me back because of this previous mortgage. What are my options? Was this quit claim and hold harmless a total waste? It seems as though it is meaningless.

Answer:

File a Motion for Contempt with the court. You need to enforce the hold harmless provision. Request that the property be sold to remove your name from the mortgage. Hire an expert to testify about the value of your lost credit rating. Ask that your ex-wife repay you for your lost credit rating.

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