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mdavisb

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mdavisab

Junior Member
What is the name of your state (only U.S. law)? North Carolina

My wife and I are currently having major marital issues, and we are still living together under the same roof. About two years ago I filed bankruptcy, however during the time I was in bankruptcy I was in car and accident and my vehicle was a total lost, so I needed to purchase a car. Since I was in bankruptcy I could not get a loan in my name. My wife put the car loan in her name and I made the down payment and have been making all of the payment on time. The agreement was that when I came out of bankruptcy we would then have the car loan put in my name, which the creditor is willing to do at this time, mind you my wife already has a car loan in her name for her own vehicle that she still owes two years on, however I only owe six months on mine. Because we are having marital difficulties she refuses to let me put the loan and title in my name. I am ready to pay this car off. Can I take her to civil court and have judge make her do this. I have proof of where I took money out of my own personal funds and I made every car payment on time from my own account. What are my options?
 


ecmst12

Senior Member
If you file for divorce, the car and the loan attached to it will be distributed as part of the divorce.
 

LdiJ

Senior Member
If you file for divorce, the car and the loan attached to it will be distributed as part of the divorce.
In other words, the car is something that you will settle as part of the marital property settlement in your divorce. She won't get to keep both cars.
 

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