At first, it seemed easy.
You divided the house, the furniture, the bank accounts—even the dog.
Things were civil. Calm. Amicable. You thought you were done.
Then the phone rang.
It was the lender.
Your name was still on the car loan.
And your ex? Missed a payment.
Now your credit is in jeopardy—and your clean break just got messy.
This Happens More Than You Think
In Georgia, uncontested divorce works best when couples agree on everything and document it the right way.
But one of the most commonly overlooked areas?
Vehicle loans, titles, and responsibilities.
People think:
- “He’s keeping the car, so that’s settled.”
- “It’s in her name, so I’m off the hook.”
- “We’ll handle it after the divorce is final.”
Except… the lender doesn’t care who “keeps” the car.
If your name is on the loan, you’re still legally responsible for the payments—even if you never drive it again.
Here’s Where Most People Get It Wrong
Even in peaceful divorces, many agreements leave out:
- Refinance deadlines
- Transfer of title requirements
- What happens if refinancing fails
- Who pays if the car is repossessed
The result?
Late payments. Damaged credit. Confusion.
And in some cases, a return to court to fight about something that could’ve been solved with one sentence in the original agreement.
The Divorce Is Final—Can I Still Be Held Responsible?
Yes.
If your name is on the loan, the lender can and will go after you for missed payments.
Even if your divorce decree says your ex is “supposed” to pay it.
Divorce orders don’t override loan contracts.
Only refinancing, payoff, or removal from the loan can do that.
How to Protect Yourself Before It Becomes a Problem
If you’re splitting a vehicle (or any debt) in an uncontested divorce:
Get specific in your paperwork
Spell out who keeps the vehicle, who pays the loan, and what happens if refinancing can’t happen.
Set a deadline
For example:
“If Spouse A fails to refinance the car loan within 90 days, the vehicle shall be sold.”
Include title transfer instructions
Make sure the DMV paperwork is handled properly so the car is legally in the right person’s name.
Don’t Assume a Verbal Agreement Is Enough
Even if you’re “on good terms,” life changes fast:
- A job loss makes payments harder
- A new partner complicates communication
- Someone moves out of state and forgets to handle the paperwork
📌 If it’s not in writing—and not enforceable—you could end up paying for a car you don’t drive and don’t own.
We Help Make Uncontested Really Final
At Catherine Ryan Law, we guide Georgia couples through smooth, clear divorces that don’t unravel later.
We:
- Draft airtight agreements with refinance protections
- Catch what online forms and AI templates often miss
- Handle the court filings so you can focus on moving forward
If you’re concerned about dividing debt or protecting your credit, the smart move is to get professional support now—before the loan becomes a lawsuit.
Contact us here
We’ll walk you through the process with clarity—and help protect your financial peace.