please take a moment to help me...

What is the name of your state? California
my ex and i purchased a car when we were married and financed it. the car has his name only on the title at his insistance; not by my choice. i was driving the car to drive the kids to school and activities, grocery shop, etc. now that we are divorced, he asked for the car to be cleaned out to sell it and i did it. i bought a new car for myself and our kids. he was unable to sell the car and after 3 months of kind of trying to sell it, now says it is mine anyway and he "gave" it back to me to sell or drive. but, he wants me to make the payments and I cannot afford to...i am barely making it as it is. the credit union says i do not own it becuz i am not on title and should not be driving it. i don't want it...he wanted to sell it so i bought a new car. he refuses to take responsibility for it and even pay the monthly payment, he expects me to and brings the bills to me. the car is not in my name and they will not transfer the title to me even if i did want the car... i asked. i figured i could sell it myself, but i am told i can not sell it...it is not mine regardless of our buying it while married. What can I do? who is responsible for the payments? who sells it? Thank you for your help.

[stealth2]

Whose name is the loan in?

His. he did not want my name on the title because he said we would get a better interest rate being that he works and I do not.

Funny...I never had that problem come up before.

[stealth2]

As far as I know, if your name's not on the title OR on the loan - it's not your responsibility. It's his.

Were the car and payments addressed in the divorce settlement? I am sure IAAL will correct me if I am wrong but since California is a community property state, you may be held accountable for the debts of your spouse, regardless of whose name is on the title. He may be able to add your name to the title, but I don't think he can transfer it totally till the bank's lien has been satisfied.

it was addressed. My ex was using the car to bother me by telling me he would come take it when i didnt expect it, etc. he wanted it in his possession so he could sell it. I did not have another car and did not have the means to buy one yet so in court i asked for temporary use of it until i got the proceeds from my home sale. the judge granted me use of it. he did not clarify who makes the payment or how long i had use of the car. my ex also did not show up on that court date. so, within 2 months i bought a new car and gave him the car to sell. he kindof tried for 2 months and decided it was a hassle so he said it was mine and i needed to sell it. i had not made a payment on it when it was in my possession...i did not have an income. i was a stay at home mom for 9 years.
when we went to court the second time, he did show up and with a lawyer. the judge maintained my use of the truck but he was not told i did not need it nor did he know i am not on the title or the loan. i can not get a loan as i have not worked in so long and they will not put my name on it until it is bought out. the finance agency said if i am not on title i am not supposed to be using the car.
In short, i am in possesion of a car that is not mine but my ex is using the judge granting me use to disown the car and the payments. if the car is repossessed, who is hurt?
does this help?

[nailtech]

[url]http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=00001-01000&file=910-916[/url]