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  1. #1
    Join Date
    Nov 2013
    Posts
    1

    Default Can You Get Out of Paying a Debt if Your Ex- Is Supposed to Pay It

    My question involves a marriage in the state of:Oklahoma
    Married for 13 years , seperated for 3 now.
    During the 10 years together i was not employed . He was/is a truck driver at the end , during the first 7-8 years he earned under 10k per year.
    2008 He wanted to buy a new car , i was opposed as im a very live on what you have in your pocket type.
    His credit was declined , mine was approved with him as a co-signer(despite me having no income)
    I have texts both before and after the seperation of him agreeing that this debt is his responsiblity and he wouldnt ruin my credit.
    The car was in default before the seperation , he was out of work 3 months , got a job and sent me a text stating he wanted a divorce.
    I sold the few possessions in the house to rent a 1 room apartment for me and my 15 yr old daughter and got a job , and have worked since.
    The car was repo'd approximately 4 months after the seperation.
    I make minimum wage and dont have a dime to spare.
    He has been engaged 4 times ( just from fb status) since then.
    He has filed for divorce with court coming very soon , but i havent been served.
    This is my first and only marriage / divorce and i have absolutely no idea what to do.
    There is lots of ugly stuff that i wont drag out , infidelity on his part , poor choices on internet viewing and years of lies.

    1) What happens if im not served?
    2) Is there any way for him to take responsiblity of this car so that i dont risk garnishment and homelessness .
    3) What are my next moves?
    4) Is there any free/low income source of representation that would help me.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Divorce Am I Responsible for This Debt

    As long as you cosigned, you are on the hook to the lender.

  3. #3
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Divorce Am I Responsible for This Debt

    The bank/finance company is not a party to your marital issues or divorce. You promised them you would pay if he does not, and they will hold you to that promise. The divorce judge cannot alter the promise you made. S/he can, however, order your husband to pay it or to reimburse you out of any property settlement.

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