• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

ex-husband did not refinance car loan within time specified on decree...

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Brooke2396

Junior Member
What is the name of your state? TX

My divorce was final 10/2/06 and the only debt left to my perpetually unemployed ex was his car, and the decree stated he was to refinance the loan into his name within 1 month. He went to try to obtain financing and could not qualify based on his income, so he continued to pay the loan and I remained on it. Things have gone from bad to worse - he went into a tailspin and is currently in rehab, and for the 4th month in a row his payment is late (not 30 days - I won't let my credit be affected, which he knows and is probably why he is not paying). I have the letters and phonecalls from the bank come to me so I can monitor, and long story short, he is now 25 days past due for June, and July's payment is coming up too. Question is this: since he did not take the necessary steps to get the loan out of my name within the 1 month specified, do I have legal rights to have the car taken back into my possession so I can sell it myself? He was given $12,000 from the sale of our house in April, and the last letter I received from the bank stated the auto draft was declined due to insufficient funds.... the only thing he has to pay is a $450 car payment. So I can prove financial irresponsibility if necessary. Anyone know the answer to whether I can legally take the car?
 


Ohiogal

Queen Bee
No you cannot legally take the car. What you can do is go back to court and ask the court to allow you to sell the car since your ex has not kept his part of the bargain.
 

LdiJ

Senior Member
Another thing that you could also do, and is legal, is arrange with the bank for them to repossess the car from him, and then you basically buy it back from the bank for the balance due, and then sell it.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top