Shared Debt after Divorce

[BeveK]

My daughter's divorce was just final a few weeks ago. During her marriage both of their trucks were reposessed and sold at an auction. Both her name and her husbands names were on both trucks. They owe approximately $7,000 on one truck and $9,000 on the other. Both loans (which were taken out at two different places) were handed over to collection agencies. On the divorce decree, they agreed to each take one of the loans to pay off. My daughter wants to start a checking account after she pays off the loan she agreed to...but she knows her ex husband won't pay his loan.

My question is....can the collection agency that is handling her ex-husbands loan...can they come after her even tho her ex-husband agreed to pay his truck off??

 

[lwpat]

Yes. The divorce decree did not effect the fact they were both on the loans and still responsible. The amounts they owed on the loan are not necessarily what they owe now after the repos.

You can check to see if the loan companies properly complied with the UCC requirements (notice, accounting, etc.) It is possible that he was the only one that recieved the paperwork and that may be a way out of both loans.

Another idea is to contact each company and see if they will release her if she pays her half. This will require a revision of the divorce agreement. I doubt that will work but you can ask.

I hope the agreement was not recommended by an attorney.