My question involves a marriage in the state of: Maryland.
Ex husband and I have a marital settlement agreement in our divorce. There is a section pertaining to automobiles. Ex husband purchased a car in his own name, titled to only himself with a loan in his name only. When he bought the car he declined the gap insurance coverage. In the divorce I was awarded sole use and possession of the car provided I made all payments (see portion of agreement below).
"Husband owns a 2015 Volkswagen Beetle ("the Beetle") in his sole name; which Beetle
is driven by Wife. The Beetle is subject to the lien of a loan to BBT in Husband 's sole name.
From the date of this Agreement, Wife shall have sole use and possession of the Beetle, provided
that Wife timely pays all costs, expenses and liabilities associated with the Beetle, including but
not limited to the loan (which shall be paid by auto-pay from Wife's account), insurance, all toll
charges and/or photo tickets past, present or in the future, and Wife shall indemnify and hold
Husband harmless therefore. .... If Husband makes any payment
relating to the Beetle to protect his credit rating or otherwise, or if Wife lets the insurance on the
Beetle lapse, then, upon thirty (30) days' notice to Wife, Husband shall have the right to take
possession of the Beetle and sell the Beetle to pay off the outstanding loan obligation. Wife shall
indemnity and hold Husband harmless for any of the payment relating to the Beetle that she
herein agrees to pay."
Nothing in the agreement covered accidents or damage to the car. A couple weeks ago I had an accident and the car is totaled. I was not issued citations and received no tickets. I made the payments up until the time I no longer had the car (July 13, 2018). The insurance paid him for the car leaving a balance a little over $1,000 due on the loan. He is insisting it is my responsibility to pay it and threatening to sue me if I don't. Does the "indemnify and hold harmless" language in the agreement make me responsible for the balance on the car if I no longer have use and possession? Will I be required to reimburse him for any payments he makes?
Thank you.
Ex husband and I have a marital settlement agreement in our divorce. There is a section pertaining to automobiles. Ex husband purchased a car in his own name, titled to only himself with a loan in his name only. When he bought the car he declined the gap insurance coverage. In the divorce I was awarded sole use and possession of the car provided I made all payments (see portion of agreement below).
"Husband owns a 2015 Volkswagen Beetle ("the Beetle") in his sole name; which Beetle
is driven by Wife. The Beetle is subject to the lien of a loan to BBT in Husband 's sole name.
From the date of this Agreement, Wife shall have sole use and possession of the Beetle, provided
that Wife timely pays all costs, expenses and liabilities associated with the Beetle, including but
not limited to the loan (which shall be paid by auto-pay from Wife's account), insurance, all toll
charges and/or photo tickets past, present or in the future, and Wife shall indemnify and hold
Husband harmless therefore. .... If Husband makes any payment
relating to the Beetle to protect his credit rating or otherwise, or if Wife lets the insurance on the
Beetle lapse, then, upon thirty (30) days' notice to Wife, Husband shall have the right to take
possession of the Beetle and sell the Beetle to pay off the outstanding loan obligation. Wife shall
indemnity and hold Husband harmless for any of the payment relating to the Beetle that she
herein agrees to pay."
Nothing in the agreement covered accidents or damage to the car. A couple weeks ago I had an accident and the car is totaled. I was not issued citations and received no tickets. I made the payments up until the time I no longer had the car (July 13, 2018). The insurance paid him for the car leaving a balance a little over $1,000 due on the loan. He is insisting it is my responsibility to pay it and threatening to sue me if I don't. Does the "indemnify and hold harmless" language in the agreement make me responsible for the balance on the car if I no longer have use and possession? Will I be required to reimburse him for any payments he makes?
Thank you.
Enforcement of Judgments: Language Unclear in Marital Settlement Agreement
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