
06-15-2007, 03:43 PM
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Senior Member
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Join Date: Nov 2006
Posts: 456
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Quote:
Originally Posted by volsfan4life252
Here is exactly what the divorce papers say.........
The parties acknowledge that they previously have made a division and settlement of their personal property now in his or her possession. The parties agree that their automobiles shall be disposed of as follows: The 1997 Jeep Wrangler (mine) shall be the sole property of the Husband and the 2000 Jeep Wrangler (hers) shall be the sole property of the wife. All expences in connection therewith shall be assumed solely by each of the parties. Each party shall own,have and enjoy, free of any right or claim of the other party, all property hereafter acquired by such party.
Does this mean she has to refinance because of the free of any right or claim of the other party part???
What does all this mean in english?
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In English, it means she is solely responsible for the expenses on that car, in the eyes of the court and in the eyes of a reputable lending institution. It also means that each of you are free of the other's input when it comes to the decisions either of you make in regards to your prospective cars (and other so-divided martial possessions.) You can no more "force" her to refinance than she can "force" you to refinance yours. "All expenses" would not only cover repairs, mechanical maintenance and the like ... and, it can be argued in certain instances, the existing loan used to purchase that car. It should be relatively easy to prove. The last sentence simply states she has no legal right to any property you acquired after the date of the agreement. The same holds true for you, by the way.
There were horror stories in the past. That shouldn't be the case any longer. There are federal regulations in place that allow any licensed lender to omit an instances such as yours while rendering a credit decision. The original bank, however, may attempt to both harass you (should the loan ever default) or enter adverse information on your credit report. Legally, they can. Ethically, I believe that's another story. It's because so many banks, etc. did exactly that that these regulations came into place to begin with. That regulation doesn't supercede your original binding contract ... it simply allows you to get on with your life.
I've gone back to my original post and added a web link for you. These are only a few of the statutes I'm required to observe every working moment. If it gets a bit too confusing (and trust me, you aren't alone in that one,) you can simply type "Fair Debt Collection Practices Act" into any web search engine to come up with countless, less complicated definitions.
Last edited by TheJury'sStillOut : 06-15-2007 at 04:05 PM.
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