getting car around divorce - ca

shunter · Jul 21, 2006

we live in ca. my spouse has a car and i dont. we're maybe going to divorce, but we're trying to work on our marriage. there's a 50/50 chance we will separate, but i need a car. what should i do? do people usually include auto-refinancing as part of a divorce settlement, so the other person isn't stuck with the debt? we don't have enough money to buy a car with cash. thanks.

Ohiogal · Jul 21, 2006

shunter said:
we live in ca. my spouse has a car and i dont. we're maybe going to divorce, but we're trying to work on our marriage. there's a 50/50 chance we will separate, but i need a car. what should i do? do people usually include auto-refinancing as part of a divorce settlement, so the other person isn't stuck with the debt? we don't have enough money to buy a car with cash. thanks.

Yes it would be included as debt. And usually whoever gets the car gets the debt that goes with it.

shunter · Jul 21, 2006

Ohiogal said:
Yes it would be included as debt. And usually whoever gets the car gets the debt that goes with it.

what do you mean by "whoever gets the car"? who drives it, or whos name is on the financing? what about joint signer/cosigner?

thanks

Zephyr · Jul 21, 2006

UUUMMMMM whoever gets possession of the vehicle after the divorce

Ohiogal · Jul 21, 2006

Zephyr said:
UUUMMMMM whoever gets possession of the vehicle after the divorce

Thanks for clarifying Zephyr. Thought I was being clear.

LdiJ · Jul 21, 2006

shunter said:
what do you mean by "whoever gets the car"? who drives it, or whos name is on the financing? what about joint signer/cosigner?

thanks

In a divorce, whoever gets physical possession of a car with financing, is responsible to pay for the financing, no matter whose name is on the loan.

Zigner · Jul 21, 2006

LdiJ said:
In a divorce, whoever gets physical possession of a car with financing, is responsible to pay for the financing, no matter whose name is on the loan.

With the caveat that, generally, the finance company can still go after whoever shows on the loan if the loan goes in to default.

nextwife · Jul 21, 2006

Uh, was this a marital asset, or did he enter the marriage already owning the car?

Ohiogal · Jul 22, 2006

nextwife said:
Uh, was this a marital asset, or did he enter the marriage already owning the car?

She is talking about buying a car NOW while they are married before filing divorce but she needs to finance it. Hence it would be a marital asset.

Bali Hai · Jul 22, 2006

Ohiogal said:
She is talking about buying a car NOW while they are married before filing divorce but she needs to finance it. Hence it would be a marital asset.

I believe her real question is:

Can part of the divorce settlement be court ordered that she is to purchase a car using her husbands credit as collateral?

The husband would be a total idiot if he did this.

This happened to a friend of mine and three years later the loan was called and he paid $6,000 to keep his credit rating out of the sewer.

Ohiogal · Jul 22, 2006

Bali Hai said:
I believe her real question is:

Can part of the divorce settlement be court ordered that she is to purchase a car using her husbands credit as collateral?

The husband would be a total idiot if he did this.

This happened to a friend of mine and three years later the loan was called and he paid $6,000 to keep his credit rating out of the sewer.

Good grief. If I were his attorney I would fight to high heaven to forbid this. I agree. If that is what she wants then she won't get it unless he agrees. However when I read it I read that she and he were having problems and not heading for divorce yet but she needed car. Whether or not it is wise for hubby to consent while married is a different story. If I were him I wouldnt' now either since the marriage is rocky.

ceara19 · Jul 22, 2006

Ohiogal said:
Good grief. If I were his attorney I would fight to high heaven to forbid this. I agree. If that is what she wants then she won't get it unless he agrees. However when I read it I read that she and he were having problems and not heading for divorce yet but she needed car. Whether or not it is wise for hubby to consent while married is a different story. If I were him I wouldnt' now either since the marriage is rocky.

You have to consider the source. Look at the OP's posts again**************.Look familiar?

Ohiogal · Jul 22, 2006

ceara19 said:
You have to consider the source. Look at the OP's posts again**************.Look familiar?

Damn. This one got by me.

getting car around divorce - ca

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shunter

Junior Member

Ohiogal

Queen Bee

shunter

Junior Member

Zephyr

Senior Member

Ohiogal

Queen Bee

LdiJ

Senior Member

Zigner

Senior Member, Non-Attorney

nextwife

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Ohiogal

Queen Bee

Bali Hai

Senior Member

Ohiogal

Queen Bee

ceara19

Senior Member

Ohiogal

Queen Bee

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