Seperated - car co-signer

[TXmpiro]

What is the name of your state (only U.S. law)? TX

My wife and I have been apart for quite some time. We did not file any legal seperation or anything legal yet for that matter. Basically we just made verbal agreements on items, assets and the works.

My question is about the car. We agreed that she would make the payments every month and that I didn't have to contribute. However, in the past month, I was brought aware that she hadn't made a payment in 4 months. I contacted the finance company and also her. She agreed to contact them the following day or so to get the loan up to date. About a month went by and now I find out that not only did she not contact them at all, they also repo'd the car. I have been on the phone with the finance company over the past few days setting up reinstatement with them. She has the keys and refuses to give them to me. Typical. Not only do I need a car, but I'm trying to prevent a reposession on my credit. The finance company will not take her or myself off the contract. I don't have the credit to refinance, nor does she. If I am able to get the car back, will she be able to take it from me later when the divorce is finally under way?

 

[LdiJ]

What is the name of your state (only U.S. law)? TX

My wife and I have been apart for quite some time. We did not file any legal seperation or anything legal yet for that matter. Basically we just made verbal agreements on items, assets and the works.

My question is about the car. We agreed that she would make the payments every month and that I didn't have to contribute. However, in the past month, I was brought aware that she hadn't made a payment in 4 months. I contacted the finance company and also her. She agreed to contact them the following day or so to get the loan up to date. About a month went by and now I find out that not only did she not contact them at all, they also repo'd the car. I have been on the phone with the finance company over the past few days setting up reinstatement with them. She has the keys and refuses to give them to me. Typical. Not only do I need a car, but I'm trying to prevent a reposession on my credit. The finance company will not take her or myself off the contract. I don't have the credit to refinance, nor does she. If I am able to get the car back, will she be able to take it from me later when the divorce is finally under way?

Based on the fact that she got the car repo'd its not likely at all that the judge would award the car to her in the divorce. She has already demonstrated that she cannot make the payments.

Personally, I would spend a little bit of money and get the locks/ignition changed on the car, so that she cannot use her key to up and take the car back from you once its back in your possession.

 

[mistoffolees]

What is the name of your state (only U.S. law)? TX

My wife and I have been apart for quite some time. We did not file any legal seperation or anything legal yet for that matter. Basically we just made verbal agreements on items, assets and the works.

My question is about the car. We agreed that she would make the payments every month and that I didn't have to contribute. However, in the past month, I was brought aware that she hadn't made a payment in 4 months. I contacted the finance company and also her. She agreed to contact them the following day or so to get the loan up to date. About a month went by and now I find out that not only did she not contact them at all, they also repo'd the car. I have been on the phone with the finance company over the past few days setting up reinstatement with them. She has the keys and refuses to give them to me. Typical. Not only do I need a car, but I'm trying to prevent a reposession on my credit. The finance company will not take her or myself off the contract. I don't have the credit to refinance, nor does she. If I am able to get the car back, will she be able to take it from me later when the divorce is finally under way?

You're still married and both of your names are on the car loan, so you're both responsible. You both also have the right to use the car since it is marital property. If the bank repossesses the car and you buy it back from them, she still has the right to drive it since it's marital property.

If you file for divorce, ask the court for the car. If her attorney is good, they'll insist that you refinance in your name so she's not liable for any debts. If you can't do that, you'll have to sell the car.

 

[LdiJ]

You're still married and both of your names are on the car loan, so you're both responsible. You both also have the right to use the car since it is marital property. If the bank repossesses the car and you buy it back from them, she still has the right to drive it since it's marital property.

If you file for divorce, ask the court for the car. If her attorney is good, they'll insist that you refinance in your name so she's not liable for any debts. If you can't do that, you'll have to sell the car.

Misto, judges do not routinely order vehicles to be sold if they cannot be refinanced. Its usually not in the best interest of either party either. Cars are depreciating assets and are almost always upside down, so its often not possible to even get a clear title so that the car can be sold.

Its really very common for a party to get stuck on the other party's car loan for a few years, even with the world's best attorney.