How does this get settled?
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|Mon, 08-23-2010 - 12:24pm|
BM and BD divorce. BD is in the car business so both of them were furnished cars by the dealership. They owned an older car with almost 100k miles. BM wanted a new car since she will no longer get to use a dealership car. BD agrees to buying her a new car and using the car they owned as a trade in on it.
In the divorce decree it states that BD will pay the monthly payments on a specific car, specific loan, specific interest on loan etc.
Fast forward a couple years. BD has been making payments and has been paying more here and there when its affordable to try to pay it off because he doesn't want to take as long to pay it off. However, simply paying off the car isn't a possibility.
BM called a month or so ago and talked to him about buying a diff car. There is nothing wrong with her car, she has a friend that is selling their SUV and BM really wants it instead of her car. BM doesn't ask BD anything except if he thought the SUV was worth what the friends are asking for it. BD tells her he can't say for sure w/o seeing all the features or the SUVs condition but that it may be worth it. BD says BM should wait until her car is paid off so she has equity and gets money back from it. BD doesn't start a fight about it and thinks she is going to drop it.
BM calls again the other day while BD is at work and says that her sister wants to buy her car and that she wants to sell it to get the SUV.
BD was busy and couldn't talk and told her that he would talk about it later.
So here is the issue. BD agreed to buy that specific car and all the specifics of the loan. BD refuses to pay more for her to get another car. The loan is in BMs name. It sounds to BD like BM thinks he will just pick up the payments on a new car for her which he isn't willing to do.
So what should be done here is BM insists on getting new SUV?
A) Should BD continue to make the monthly payments until the original amount is paid off, directly to BM (which will be a little confusing since hes been paying more)?
B) Should BD refuse to allow her to trade in her car and insist she keep the car he bought her until its paid off?
C) Should BD tell BM he will not make payments on anything BUT the car they agreed to in the divorce and if she wants the new car she can take up the payments on it and he will no long make any amount of payments on her SUV?
There is nothing stated in the divorce about how such situation will be handled. All that is stated is that BD makes payments on the loan of the specific car. How neither lawyer thought to put something for this type of situation boggles me, as I am sure it happens all the time.