situation regarding a leased vehicle

[recycbride]

What is the name of your state (only U.S. law)? Ohio: Party A leased a vehicle in his name only while unmarried. Party B(girlfriend) has no car and uses the vehicle for transportation to and from work everyday and for whatever else she might want to do. Party B(girlfriend)makes the leases payments periodically. About 10 months later they marry. Lease payments were her only contribution to the household. 14 months later they are now ending marriage. Party B(soon to be x-wife) now wants reimbursement for 22 months of lease payments. The question: If this would go to court because it cannot be settled, how might a judge rule? And, if anyone is familiar with a similar situation, comments would be appreciated.

 

[nextwife]

What is the name of your state (only U.S. law)? Ohio: Party A leased a vehicle in his name only while unmarried. Party B(girlfriend) has no car and uses the vehicle for transportation to and from work everyday and for whatever else she might want to do. Party B(girlfriend)makes the leases payments periodically. About 10 months later they marry. Lease payments were her only contribution to the household. 14 months later they are now ending marriage. Party B(soon to be x-wife) now wants reimbursement for 22 months of lease payments. The question: If this would go to court because it cannot be settled, how might a judge rule? And, if anyone is familiar with a similar situation, comments would be appreciated.

Seems to me that paying the lease while USING the car was a fair trade. She chose to pay the lease in order to continue having use of the car.

 

[recycbride]

situation regarding leased vehicle

Thank you for your prompt reply. My thoughts were the same. Party B(soon to be x-wife) was offered the opportunity to buy-out the lease in order for Party A's name to be removed from the lease so he would be free from any legal ramifications such as Party B not making the lease payment, having an accident and injuring someone, over-mile limit on the leased vehicle, etc. Party B could not get any financing so, therefore, she declined.

 

[nextwife]

She had use of a rented item. This is no different than contributing toward rent to put a roof over one's head, and then turning around at the end of the relationship -and asking to be "reimbursed" for having paid a portion of rent for their OWN housing.

 

[LdiJ]

I agree with the others. However, its quite possible that a judge would order that she gets to keep the car and be responsible for the payments...despite the fact that its in your name.

 

[recycbride]

situation regarding leased vehicle

Thank you again for your input. To add a little more light on the subject, since Party B was unable to get any type of financing, she was offered to purchase a vehicle through my family at a fair price, below Blue Book value; she initially declined the offer then decided to take them up on it. She financed it through them and is now paying them a minimal monthly payment of $160 per month for 36 months with NO interest. They incorporated the state sales tax on the sale of the vehicle into her monthly payment since she did not have the $360. for the sales tax. They are listed as Lien Holders on car title. They also had a promissory note and a security agreement drawn up which she signed. They did this to be fair and to help me show I was trying to be reasonable and acting in good faith. Since there is another 3 years left on the lease car (it was a 5 year lease), I can't understand why a judge might put my credit at risk if she would not make timely payments on the lease, or put me in a situation where I could get sued if she injured someone with the car, etc. etc. Plus, this was a very short marriage. I also forgot to state in my initial post, I did have a prenuptial agreement. Since the car was leased about 10 months prior to marriage, I hope this might be in my favor. Sorry if I seem like I'm rambling and thanks again.

 

[Zigner]

I agree with the others. However, its quite possible that a judge would order that she gets to keep the car and be responsible for the payments...despite the fact that its in your name.

Not on a lease (s)he won't...

 

[Ohiogal]

I agree with the others. However, its quite possible that a judge would order that she gets to keep the car and be responsible for the payments...despite the fact that its in your name.

Not in Ohio unless she can refinance it into her name.

 

[LdiJ]

Not in Ohio unless she can refinance it into her name.

I am going to disagree with both you and Zig, because I have seen both situations happen...yes, even in Ohio.

However, its irrelevant here, because alternate transportation has already been arranged for her, therefore there is no reason or need for her to keep the leased car.

 

[recycbride]

situation regarding leased vehicle

Well thank you all so very much for the input. I will be seeing my attorney monday to go over her "wish list" so now I feel better about how to respond about that issue on her list of wants and with good reasons why I feel NO is an appropriate response. We have been waiting for this list for over a month. So, it's absolutely no to her request for $8,400. for 22 months of reimbursement for the lease payment in any way shape or form because: she used the lease car and paid for privledge of using it; she could not get financing to buy the lease out so my name was removed from lease; she now has other transportation. Guess I can check that issue off the list Again, thank you all and if anyone else has anything else to add or an opinion, I"m listening.

 

[nextwife]

I am going to disagree with both you and Zig, because I have seen both situations happen...yes, even in Ohio.

However, its irrelevant here, because alternate transportation has already been arranged for her, therefore there is no reason or need for her to keep the leased car.

WHY would the judge order a car that was leased to him to be handed over to her, a woman who now has her OWN vehicle, therefore providing her TWO vehicles and he none? Just because she made some of the payments and is female? That makes NO sense.

 

[Ohiogal]

I am going to disagree with both you and Zig, because I have seen both situations happen...yes, even in Ohio.

However, its irrelevant here, because alternate transportation has already been arranged for her, therefore there is no reason or need for her to keep the leased car.

It would not happen unless she could refinance it into her name -- it is not paid off and the courts would NOT have him beholden to her and trusting that SHE would NOT destroy his credit by driving without insurance or what not.

 

[nextwife]

It would not happen unless she could refinance it into her name -- it is not paid off and the courts would NOT have him beholden to her and trusting that SHE would NOT destroy his credit by driving without insurance or what not.

Additionally, the lease terms may make handing exclusive possession to her, away from his household, in violation of the lease.

 

[penelope10]

Additionally, the lease terms may make handing exclusive possession to her, away from his household, in violation of the lease.

Agreed. I worked for a Auto finance group many years ago. At that time they kept a much tighter rein on missed payments on lease vehicles and lapses in coverage than on a regular finance. Her name is NOT on the lease, and I believe the finance company would have major problems with her having possession of the vehicle after the divorce.

OP has the option of reading his contract, or he can call the finance company regarding their stance on this situation. I agree with all who have stated she already has a vehicle financed by his family. Their is absolutely no reason for her to be awarded possession of the lease vehicle. She already has a source of transportation.