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Question:

Due to reasons of incompatibility, I had a non-contested divorce last year and there are no children involved. The decree lists what debt is assigned to each party and that one car is assigned to each of us. What isn't stated is any direct requirement to refinance her car under her own name.

I've moved on with my life, but my present girlfriend is obviously quite less than thrilled that I still share a debt with my ex. I have refinanced my car and plan to sell the house that is still under both our names later this year. Is there any way to compel my ex to refinance or sell the vehicle in question? Unfortunately, her credit is awful and her credit union won't give her a loan. However, I am assuming that there would be someplace that would give her a loan, even though it might be at a higher interest rate.

Answer:

You need to discuss this with an Oklahoma licensed attorney, as this is a very state-specific question.  Generally, if you can show that this loan is harming you (i.e., you are denied for credit because it is on your record, or you have to pay higher interest because it is on your record), then you might be able to have the court force her to remove you from the loan. She has more options than just refinancing.  She can have a friend or relative assume the loan or cosign a new one. She could also borrow money from a relative, friend or bank and pay it off and create a new loan. Another possibility is that she could just sell it.  As a side note, you are not “sharing” the loan with your ex-wife, instead you are both being held responsible for the loan. Hopefully your new girlfriend will understand the difference.

Erik H. Carter is a Senior Attorney of the Cordell & Cordell, P.C. office in Indianapolis, Indiana as well as the Litigation Manager of both the Indianapolis and Pittsburgh offices. Mr. Carter has practiced since 1993 as an attorney. He is licensed in Illinois, Indiana, Pennsylvania as well as the Northern District of Indiana and the Southern District of Indiana.