cosigned on car how can i get it back?

[mtech91]

Hawaii.

My wife and i are separated about to divorce, we own a car (i co signed on a loan) She owes me a lot of money and i want the car as part of that. How can i get it and can she just keep a hold of it and not let me have it (as she is doing now) Will i have to take her to court to get the car when i divorce?

 

[mistoffolees]

Hawaii.

My wife and i are separated about to divorce, we own a car (i co signed on a loan) She owes me a lot of money and i want the car as part of that. How can i get it and can she just keep a hold of it and not let me have it (as she is doing now) Will i have to take her to court to get the car when i divorce?

When you file for divorce, you can ask for temporary possession of the car. However, if you have a different car and she doesn't, you may not get it.

The car will have to be settled as part of the final divorce settlement.

 

[mtech91]

I dont have another car but i do have a motorcycle would that be hled against me? I have also been paying most of the loan after she just stopped and put down the only deposit (a large one) Is there anything i can do to help my situation?

 

[LdiJ]

I dont have another car but i do have a motorcycle would that be hled against me? I have also been paying most of the loan after she just stopped and put down the only deposit (a large one) Is there anything i can do to help my situation?

The car is marital property. It belongs to the two of you equally. Until a court orders that one or the other of you get the car, she has just as much right to have it as you do.

Also, how does she owe you "lots of money"? Marital property is marital property, therefore legally one spouse really cannot owe money to the other.

 

[nextwife]

The car is marital property. It belongs to the two of you equally. Until a court orders that one or the other of you get the car, she has just as much right to have it as you do.

Also, how does she owe you "lots of money"? Marital property is marital property, therefore legally one spouse really cannot owe money to the other.[/QUOTE]

That's not true. Many people have economic lives BEFORE marriage.

A spouse can have a premarital debt to the other spouse.