Midlothian, TX Divorce Law Firms & Lawyers

First, the provision in your decree of divorce that orders your ex-husband responsible for a joint car loan is not binding on the lender. The divorce court can only order you and your husband to do certain things. The lender associated with your car loan is not a party to your divorce and thus not subject to the authority of the divorce court.this is why the lender can come after you to collect on the loan if your husband isn't pay, even though the divorce court ordered him to pay. But you have options to get relief. Clearly, your husband was awarded the car openly if the continued to make the loan payments. It doesn't make the loan payments, and causes you to suffer as a result, you can go back to court and ask the judge to modify your decree to get you out of this mess. How? There are several things you could do. You could, for example, ask the court to award the car to you, so that if you're paying for it at least you get the benefit of possessing and using the car. If you don't want the car, you could ask the court to order the car repossessed and then consigned to a car dealer to be sold, so that you can reduce the loan liability. Your ex-husband would still be responsible to pay the balance owing on the loan. You can also asked the court to hold your ex-husband in contempt of court and punished in the form of fines, jail sentence if he doesn't bring the loan current in X number of days, and compensating you for your attorney fees incurred in seeking contempt sanctions. There may be other options available to you as well. To find out what your options are, and how easy or expensive they will be, make an appointment to meet with a very good divorce lawyer.

Assuming you had the opportunity to review the pre-nup with a lawyer, you are probably out of luck. On the other hand, if you did not, you may be able to beat the pre-nup may be beatable.