Am I Still Liable for Debt That a Judge Awarded My Ex in Our Divorce?

Full question:

My ex-husband was awarded possession of our 2005 Ultra Classic Harley. It states in our divorce papers that he would be responsible for the loan secured by the Harley, and that I would be free of all liability concerning this loan. The judge ordered that he get a loan for the bike so that I would be removed from any liability. He never got a new loan and is now 3 months behind on payments. Harley Davidson credit is calling and harassing me. I have given them his address and phone number. They say that our divorce is a civil suit and that I am still liable for the debt. Is this true?

Answer:

Since repayment of this loan was assigned to your ex-husband by the court, he could be in contempt of court for not refinancing the loan as ordered. From a creditor's viewpoint, a debt incurred by both spouses during the marriage or debts incurred on a joint credit card or line of credit during a separation are the responsibility of both people. The creditor does not care how a divorce judgment assigns the debt. The creditor just wants the debt repaid by the people who promised to pay when the lender made the loan.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, creditors can pursue you for debts incurred during the marriage, even if the divorce agreement states otherwise. The original loan agreement holds both spouses liable, regardless of what the divorce decree says. Therefore, if your ex-husband does not pay the loan, creditors may contact you for payment.