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Wednesday, May 26, 2010

Loan with estranged husband, in my name?

Hi when I was with my husband we took out a large bank loan in my name only as he did not have a bank account. When we split he agreed to take up the payments until such time that he could pay off half of the loan (i took on all the other debts) 4 years down the line the loan is a big as it was due to reduced payments and he is now refusing to pay it at all. We have not divorced bcoz of this unfortunatley I cannot afford to hire a lawyer to sort out this matter in divorce court. Is there any way of making him pay at least half of the loan? Any advice will be greatly appreciated.



Loan with estranged husband, in my name?

if he didn't sign the loan agreement, legally he owes nothing. no court is going to help you out.



Loan with estranged husband, in my name?

Time to get a lawyer- ASAP!



Loan with estranged husband, in my name?

Not without seeking legal help which you have just said you can not afford anyway. If the loan is in your name and you do not pay you will be liable!



Loan with estranged husband, in my name?

well if it was a verbal agreemant,youre screwed but if its on paper that he's supposed to pay half,then you can take him to small claims court,which is usually not expencive,and you can request that he pay the court fees



Loan with estranged husband, in my name?

Tellhim u got the dept together and ur ganna get out of the dept together and that u will pay half if he pays half and if he says no threaten him u will get a lawyer and u dont really need cause u dont have the money u just have to threaten him!



Loan with estranged husband, in my name?

Sounds like he's taken you for a muppet.... sorry but the only way forward is for you to prove he said that he would be 50 / 50 on the payments otherwise you are stumped.



Best thing you can do is divorce and be done.



Or Judge Judy???



Loan with estranged husband, in my name?

About the best you can do is file a small claims case against him for his half of the debt. You won't need a lawyer but you will have to pay a fee to file the claim.



Loan with estranged husband, in my name?

His responsibility for the loan can depend upon the state laws where you live. What did you get the loan for? You can get a divorce without an attorney. I would contact your local legal aid organization for advice.



Loan with estranged husband, in my name?

start divorce proceding, without a lawyer.. look up the how to online.. any debts accured while married is the responsibility of both partners... u really need a lawyer to better explain this to you... u can try prepaid legal service... $17 a month for leagal advice...



Loan with estranged husband, in my name?

Been there.



If you did not get anything in writing you are responsible, and you got screwed.



If it is in your divorce decree that he has to pay than you are covered but it will take a judge to fix it, and it will be a long dreadful proccess, If you have a good attorney then it is time to use him.



For everyone else, you must not let anyone put something in your name. No matter what you will be held responsible for it, unless a judge orders them to pay, and even then you may be hurt by bad credit scores, and delinquent payments.



Loan with estranged husband, in my name?

if his name is nowhere on any of the laon paper work him being your husband is liable for all debts that occured in and durring the marriage he aparently has no intention to pay it off but to keep loaning against it stop it before it gets out of hand tell the bank to not allow nothing except payments on the loan



Loan with estranged husband, in my name?

could you Apply for legal aid, if you cant afford a lawyer.You need legal help and fast,because they can call in the loan at any time, and repossess furniture, car, or even your home,alternatively you could declare bankruptcy,but that will effect your credit rating ect.Some lawyers will give you 1/2 hr free advise try to find one, or even go to citizens advice, but DONT let it go.



Loan with estranged husband, in my name?

Is there anything in the small print that names him or mentions what happens in the event that you cannot pay or your circumstances change?



If the loan is in your name then technically there is nothing you can do as there is no way the bank could pursue another person.



your best chance would be if there was something written into the agreement, which could make all the difference.



Maybe you should go far a divorce and get any assets sold and push for an agreement to settle all debts first or something like that.



I really think you need professional legal advice, and I am pretty sure your first appointment is free if you are in the uk, also CAB could offer advice. You will probably be entitled to legal aid if on a low income.



Loan with estranged husband, in my name?

sometimes the courts offer free legal assistance try to look into that...granted i live in the us but my husband went through something similar...they had a loan for her truck in his name...so when they split she agreed to take over the truck payment(since she drove it) and ended up not paying the bill for 2 months...and they took the money out of OUR (mine and his) bank account (since the truck loan was from the same back as our checking account) he went into the bank and told them what happened they put the money back in our account...and they said it would never happen again...WRONG...it happened 6 months later and at that point they couldn't put the money back in...so we were out 1200 and she refused to pay us back...so what ended up happening is she had to refinance the truck in her own name to get his name off the loan....so be careful this could really hurt your credit....get it taken care of asap...call the place where you got the loan from and at least let them know what is going on even if they cant help maybe they can make a notation on your account...good luck!



Loan with estranged husband, in my name?

i was recently in the same situation and my lawyer said that because it was in my name and not joint names i was liable so here is a warning for all any loans/credit agreements taken out whilst with a partner make sure it is joint names



Loan with estranged husband, in my name?

As you are already on reduced payments, I don't know if the finance company will agree to reduce them again. Your local citizens advice bureau should be able to advise you where you can get help for this. You say the original loan repayments were baes on his income; so there must be a record somewhere of his agreement to pay.



However; I got caught like this with a former boyfriend. He left the country, and left me to repay a large loan...alone; and I was only working part-time. I was lucky; the bank manager reduced payments for me in the short term; but he also kindly advised me to take out a credit union loan to pay back HIS loan in full, and I could negotiate my own repayment level; plus the interest keeps reducing, as you only pay interest on the sum outstanding.



I don't know if this is an option for you though.



Loan with estranged husband, in my name?

unfortunately unless you can prove that it was a joint loan there is very little that can be done on his part as far as i know. But you can help yourself by drafting a financial statement and sending it to your creditors (national debt helpline,CAB also look for Payplan) If you are a homeowner then try consolidation before they charge your property......mail me if you want more details.....is thedebt with a collection agency...how have you responded to it in the past?...



Loan with estranged husband, in my name?

If the loan is in your name and you signed the agreement then I am afraid that liability for the debt lies with you, regardless of any other verbal or even written agreement between yourself and your husband.



There is no legal way of getting him to pay the loan, even half of it, as it is in your name alone.



It took me 5 years to pay off a loan that my ex took out in my name (he forged my signature on the document and I couldn't prove otherwise) and it was a costly lesson. One that I would say you are about to learn the hard way. Really sorry to be the bearer of bad news.



Loan with estranged husband, in my name?

So far as the loan company is concerned you are liable for the loan. Even the divorce court's powers are limited unless there are other funds that it can essentially order be diverted to pay the loan. Where there are no such funds the only other option is for husband to borrow in his own name to repay the loan in full and release you fro the debt. However, the divorce court can't order such a remedy so it generally has to be agreed. Find his Achilles Heel to extract such a solution from him. Also have you considered whether or not you might qualify for legal aid?

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