Car

[Dumbhubby]

What is the name of your state? PA
Both my name and STBX are on the car loan.
She was the one paying it, about a year, until 3 months ago- I made the payment in OCT while she was still here, then the last 2 since she deserted the marriage in Nov. as she wasnt making payments and I cant afford to have my credit tank.
SHe is currently in NJ and insurance is PA insurance. Since she cant afford the car is there any
legal way to get the car from her since Im on the loan as well? And since she is in NJ doesnt she have to get NJ insurance?

 

[Ohiogal]

Ask for it in the divorce settlement. Until then it is marital property. Whose name is on the title?

 

[penelope10]

Unfortunately since your name is on the loan, your credit will tank unless someone makes the payment on the car. I'm surprised the finance company has not called you as of yet regarding collection of the payment if it is 2 months overdue. As far as the insurance issue is concerned, if her permanent residence has changed to NJ she should get a NJ driver's license and NJ car insurance. Should and will are two different things, however. She could go months without changing her driver's license and car insurance. At least the premiums are probably coming to your home so you have control over the fact that the car insurance can be paid. (And sadly, you'll probably have to pay the premium yourself to make sure there is insurance coverage--if she's not making the car payment she is probably not going to pay for the insurance).

 

[Dumbhubby]

Unfortunately since your name is on the loan, your credit will tank unless someone makes the payment on the car. I'm surprised the finance company has not called you as of yet regarding collection of the payment if it is 2 months overdue. As far as the insurance issue is concerned, if her permanent residence has changed to NJ she should get a NJ driver's license and NJ car insurance. Should and will are two different things, however. She could go months without changing her driver's license and car insurance. At least the premiums are probably coming to your home so you have control over the fact that the car insurance can be paid. (And sadly, you'll probably have to pay the premium yourself to make sure there is insurance coverage--if she's not making the car payment she is probably not going to pay for the insurance).

The loan company has contacted me regarding the loan which is why I paid it.
I guess she thought she can take off and have me pay the bills.
Since she is out of state with the car I would think that the loan company would want it insured in that state plus with her not making payment it would seem like there would be something I can do in the legal system to get the car in my posession.

 

[Ohiogal]

I told you what you could do. You ask for it in the divorce settlement. I will also add, until then you ask for a temporary order making her financially responsible for it -- which means if she is not and you have to pay it you can get her on contempt.

 

[Dumbhubby]

I told you what you could do. You ask for it in the divorce settlement. I will also add, until then you ask for a temporary order making her financially responsible for it -- which means if she is not and you have to pay it you can get her on contempt.

Both names are on title.
Since all this crap with her leaving I have exausted all my PTO time from work and having difficulty getting to the courthouse to file for child support, and now this
Would with what u suggest be located in family relations part of the courthouse? This courthouse phone contact is all automated so it is difficult to find out.
Also since she deserted this marriage, with absoltley no legal process, isnt she making all these legal matters worse for her?

 

[penelope10]

I told you what you could do. You ask for it in the divorce settlement. I will also add, until then you ask for a temporary order making her financially responsible for it -- which means if she is not and you have to pay it you can get her on contempt.

And here is the really stinky part about all this...even though the temporary court order states she has to pay for the car, the creditor may still try to hold you equally responsible for payment of the car since your name is on the loan. So you will still need to make the car payments if you don't want your credit to tank until the divorce is settled. You will, however, have legal remedy to get those payments back from your spouse through a motion for contempt.

Sorry Ohiogal, just wanted to add my two cents--hope you don't feel this advice is out of line

 

[penelope10]

One other thing that you might want to address is the car insurance issue. Many years ago I worked for an auto finance co. (And if things have changed and anyone knows differently, please post). If the finance co finds out there is no insurance on the car they can do what was once called forced place insurance on your car note. In other words, the finance co provides insurance for the vehicle and adds the charge to your already existing car payments. This insurance is not the same coverage as you would get on your own. It only covers the cost to damages done to the vehicle they are financing. (No liability coverage for the other vehicle in the accident or for bodily injury caused by the driver of your car).

This insurance is very expensive and can make the car payments go way, way up. Just something else to think about....:and to show how important it is that independent auto coverage continues to be provided!!

 

[Ohiogal]

And here is the really stinky part about all this...even though the temporary court order states she has to pay for the car, the creditor may still try to hold you equally responsible for payment of the car since your name is on the loan. So you will still need to make the car payments if you don't want your credit to tank until the divorce is settled. You will, however, have legal remedy to get those payments back from your spouse through a motion for contempt.

Sorry Ohiogal, just wanted to add my two cents--hope you don't feel this advice is out of line

Nope. Not out of line. You are correct! Which is what i was trying to say but short-cut it.

 

[Dumbhubby]

thanx so much for the advice.
How would I start this process?
I am going to domestic relations on the 26th to file for child support, so I guess I can start this
in same courthouse?

 

[LdiJ]

thanx so much for the advice.
How would I start this process?
I am going to domestic relations on the 26th to file for child support, so I guess I can start this
in same courthouse?

Yes, you can...however please realize that the loan company will not be a party to your divorce, therefore they will only be bound by the loan contract that you signed. Therefore, no matter what the court orders her to do, the loan company WILL come after you, and your credit WILL be effected, if the car payments are not made on time and in full.

It stinks, but its reality.

 

[penelope10]

Yes, you can...however please realize that the loan company will not be a party to your divorce, therefore they will only be bound by the loan contract that you signed. Therefore, no matter what the court orders her to do, the loan company WILL come after you, and your credit WILL be effected, if the car payments are not made on time and in full.

It stinks, but its reality.

You explained this in a much better way than I did in my post

 

[majomom1]

You explained this in a much better way than I did in my post

But no one mentioned that this process could take months....

As Ld said: the creditor is not part of the divorce. They just want their money. Even if the court orders her liable... that will not satisfy them. They want their money.

OP may get a piece of paper saying the SHE owes it... that doesn't force her to pay it now, or within any time frame to preserve your credit.

So... you will have to pay it, and then go after her.

Insurance is the same. Your name is on the title... you are responsible to have insurance. They will force insurance that covers their loan... not YOUR liability.

The state will require you to be responsible for liability... in the event of an accident and penalties if you are not.

I have several pieces of paper that say he owes... but I still had to pay it... to preserve my credit and not be liable.

 

[Dumbhubby]

I told you what you could do. You ask for it in the divorce settlement. I will also add, until then you ask for a temporary order making her financially responsible for it -- which means if she is not and you have to pay it you can get her on contempt.

Is that just one of those slap on the wrist charges?
What would most likely be a punishment for that?

 

[Dumbhubby]

In addition to car....

The day she left she took the desktop computer and a TV. The TV I bought during marriage and computer was handed to me when my father passed away- if any of that means anything,
but i guess it's marital property.
Can I also have those ordered to return to the marital home immediatly pending a settlement, or will I just have to ask for it in a settlement?