Transferring Car Payments

[MxGlorY]

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

Hello,
I am in the need of some advice and what I should do. Here's my situation:

I got a divorce last year in April and in the agreement, she was going to keep the car, which was fine with me. Now lets rewind a bit. We purchased this car a year before our divorce and since neither of us had established any credit, I ended up co-signing with my dad and after about a year, we were going to remove his name and put hers on so she can establish credit. We ended up getting divorced before this could happen so her car is still under me and my father's name. She has her own insurance for the car and has been paying the monthly bill on time until last month. The bill comes to my address with me and my dad's name on it, but I gave her the account number so she can send payments through her bank.

I just want to take our names off the car and have her's on it. I talked to the financial services for the car and they told me that the only way they can transfer payments to her or get her name on the car is for her to refinance. I've told her about this but after a year and a half, she refuses to do this (scared, doesn't know how, I don't know).

Now that she's missed a payment, I don't want to take any more chances and just want to get rid of me and my dad's name off the car. What can I do to make this happen? Would I need to file a court order? Or go another route?

Thanks in advance.

 

[Silverplum]

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

Hello,
I am in the need of some advice and what I should do. Here's my situation:

I got a divorce last year in April and in the agreement, she was going to keep the car, which was fine with me. Now lets rewind a bit. We purchased this car a year before our divorce and since neither of us had established any credit, I ended up co-signing with my dad and after about a year, we were going to remove his name and put hers on so she can establish credit. We ended up getting divorced before this could happen so her car is still under me and my father's name. She has her own insurance for the car and has been paying the monthly bill on time until last month. The bill comes to my address with me and my dad's name on it, but I gave her the account number so she can send payments through her bank.

I just want to take our names off the car and have her's on it. I talked to the financial services for the car and they told me that the only way they can transfer payments to her or get her name on the car is for her to refinance. I've told her about this but after a year and a half, she refuses to do this (scared, doesn't know how, I don't know).

Now that she's missed a payment, I don't want to take any more chances and just want to get rid of me and my dad's name off the car. What can I do to make this happen? Would I need to file a court order? Or go another route?

Thanks in advance.

You can cover her missed payment ASAP to cover your Father's credit. Today.

The financial services person is correct. That's how it's handled.

 

[Zigner]

You may need to go back to court to ask that she be found in contempt and revisit the issue of who takes possession of the car.

 

[Ohiogal]

You may need to go back to court to ask that she be found in contempt and revisit the issue of who takes possession of the car.

Depends on what the court order states. If she was awarded the car but the order doesn't say anything about who is responsible for payments, he has issues and can't really get her on a motion to show cause. So OP, what does the court order state (redact the names) about the car?

 

[MxGlorY]

Depends on what the court order states. If she was awarded the car but the order doesn't say anything about who is responsible for payments, he has issues and can't really get her on a motion to show cause. So OP, what does the court order state (redact the names) about the car?

This is verbatim:

The PETITIONER is awarded the following as Petitioner's sole and separate property and RESPONDENT hereby waives any interest therein: 2010 Toyota Matrix and any and all property in her possession and control.

No where on the forms does it say who is responsible for the payments. It was more of a verbal agreement between us and the person helping us finalize the divorce.

 

[Silverplum]

The finance company is not bound by your court order. They're bound to the finance docs you all signed. There's a difference.

 

[Zigner]

This is verbatim:

The PETITIONER is awarded the following as Petitioner's sole and separate property and RESPONDENT hereby waives any interest therein: 2010 Toyota Matrix and any and all property in her possession and control.

No where on the forms does it say who is responsible for the payments. It was more of a verbal agreement between us and the person helping us finalize the divorce.

Yeah, it sounds like you may have screwed up on that.

 

[Silverplum]

This is verbatim:

The PETITIONER is awarded the following as Petitioner's sole and separate property and RESPONDENT hereby waives any interest therein: 2010 Toyota Matrix and any and all property in her possession and control.

No where on the forms does it say who is responsible for the payments. It was more of a verbal agreement between us and the person helping us finalize the divorce.

The person?

 

[MxGlorY]

The person?

We were representing ourselves and since we didn't need to be in front of a judge, we went into a room where someone was helping us fill out any necessary paperwork and finalize it. After it was done, I got a notary to sign a form and it was done. But yes, it seems like I was screwed on this. Any way I can resolve it with as little headache as possible?

 

[Ohiogal]

We were representing ourselves and since we didn't need to be in front of a judge, we went into a room where someone was helping us fill out any necessary paperwork and finalize it. After it was done, I got a notary to sign a form and it was done. But yes, it seems like I was screwed on this. Any way I can resolve it with as little headache as possible?

Not really. Because most likely the court does not have jurisdiction over any of this still. If the paperwork doesn't state they have jurisdiction over it, they don't. The easiest way to resolve it is to pay off the car.

 

[MxGlorY]

Rather than continuing on our divorce forms, could I file a new claim saying that this car is not mine and want my name off of it and get a judge to force her to refinance? There's got a to a way to get her to do this rather than me calling asking when she's going to refinance. Hell, I would get the car repo'd if that was an option, but I know that'll ruin me and my dad's credit.

 

[Zigner]

We were representing ourselves and since we didn't need to be in front of a judge, we went into a room where someone was helping us fill out any necessary paperwork and finalize it. After it was done, I got a notary to sign a form and it was done. But yes, it seems like I was screwed on this. Any way I can resolve it with as little headache as possible?

I didn't say you were screwed, I said you screwed up. There isn't someone else to blame.

 

[not2cleverRed]

So... do you owe more or less than what a competent divorce lawyer would have charged?

 

[Ohiogal]

Rather than continuing on our divorce forms, could I file a new claim saying that this car is not mine and want my name off of it and get a judge to force her to refinance? There's got a to a way to get her to do this rather than me calling asking when she's going to refinance. Hell, I would get the car repo'd if that was an option, but I know that'll ruin me and my dad's credit.

In what court? Do you have the money for that?