Can husband repo exwifes car if she is only the cosigner on it?

[srbjab]

We are living in Pennsylvania.

My husbands divorced has been finalized since fall 2012. It was a quick and simple divorce. She left him and that was that. When she left, she took a vehicle that was in my husbands name with her (the exwife) as the cosigner. He told her as long as she made the payments on it and took care of it, he didnt mind her keeping it and making payments on it. He had a vehicle and due to her bad credit now, she couldnt get the car refinanced in her name to switch it over.

Fast forward to fall of 2014. We are purchasing a house and due to this being on his credit report (which a few times she was late payment on the car and we didnt know it till now) It is messing up our interest rate and ect. Due to debt-income ratio on house and car loan.

My question is, since she cant refinance it and has no one to help her do so, cant he legal repo it so we could sell it or at least pay it off (only about $6,000 is owed on it) So it doesnt show as a pay out on his credit and then we turn around and sell it.

Since it is not in the divorce papers anywhere about the car and she is only the cosigner nothing else, He can legally take it at anytime, cant he?

 

[Ohiogal]

We are living in Pennsylvania.

My husbands divorced has been finalized since fall 2012. It was a quick and simple divorce. She left him and that was that. When she left, she took a vehicle that was in my husbands name with her (the exwife) as the cosigner. He told her as long as she made the payments on it and took care of it, he didnt mind her keeping it and making payments on it. He had a vehicle and due to her bad credit now, she couldnt get the car refinanced in her name to switch it over.

Fast forward to fall of 2014. We are purchasing a house and due to this being on his credit report (which a few times she was late payment on the car and we didnt know it till now) It is messing up our interest rate and ect. Due to debt-income ratio on house and car loan.

My question is, since she cant refinance it and has no one to help her do so, cant he legal repo it so we could sell it or at least pay it off (only about $6,000 is owed on it) So it doesnt show as a pay out on his credit and then we turn around and sell it.

Since it is not in the divorce papers anywhere about the car and she is only the cosigner nothing else, He can legally take it at anytime, cant he?

Really? Most likely not. Your husband should have someone review the entire divorce decree. I bet there is language that could involve the vehicle.

 

[srbjab]

Yes, there is nothing in the decree at all about car. It was an uncontested divorce. She just wanted out and asked for nothing. His attorney said he didn't have to even let her take it but because they had kids together he felt like he needed to. Which is fine as she was paying on it. We also had to sue her in court for 4,000 she owed on a crwdit card. We won that cause the judge said it was her responsibility as well to pay on it. There was nothing in it in divorce papers

 

[stealth2]

Yes, there is nothing in the decree at all about car. It was an uncontested divorce. She just wanted out and asked for nothing. His attorney said he didn't have to even let her take it but because they had kids together he felt like he needed to. Which is fine as she was paying on it. We also had to sue her in court for 4,000 she owed on a crwdit card. We won that cause the judge said it was her responsibility as well to pay on it. There was nothing in it in divorce papers

I would be interested in how you were legally involved in any of the above. Were you on that credit card account?

 

[Zigner]

My question is, since she cant refinance it and has no one to help her do so, cant he legal repo it so we could sell it or at least pay it off (only about $6,000 is owed on it) So it doesnt show as a pay out on his credit and then we turn around and sell it.

You don't have to have possession of the vehicle in order to pay it off...

Your husband was remiss in his duty to make sure the loan for the car was paid on time, all the time.

 

[LdiJ]

We are living in Pennsylvania.

My husbands divorced has been finalized since fall 2012. It was a quick and simple divorce. She left him and that was that. When she left, she took a vehicle that was in my husbands name with her (the exwife) as the cosigner. He told her as long as she made the payments on it and took care of it, he didnt mind her keeping it and making payments on it. He had a vehicle and due to her bad credit now, she couldnt get the car refinanced in her name to switch it over.

Fast forward to fall of 2014. We are purchasing a house and due to this being on his credit report (which a few times she was late payment on the car and we didnt know it till now) It is messing up our interest rate and ect. Due to debt-income ratio on house and car loan.

My question is, since she cant refinance it and has no one to help her do so, cant he legal repo it so we could sell it or at least pay it off (only about $6,000 is owed on it) So it doesnt show as a pay out on his credit and then we turn around and sell it.

Since it is not in the divorce papers anywhere about the car and she is only the cosigner nothing else, He can legally take it at anytime, cant he?

If just his name is on the title and the divorce truly was silent on the issue of the car, then legally he could take it and sell it, however its very unlikely that its titled that way. If both of their names are on the title as, ie. John Doe and Jane Doe, then he might be able to get away with taking the car but he would be unable to sell it without her signature. (most likely scenario). If both of their names are on the title as John Doe or Jane Doe, then he might be able to get away with taking the car and selling it, but he would have a civil liability to her if she is the one who has been making the payments.

Bottom line, if her name is on the title, she has equal rights to the car.

 

[Bali Hai]

I would be interested in how you were legally involved in any of the above. Were you on that credit card account?

Apparently not, but she was apparently on the legally submitted mortgage application.

 

[latigo]

We are living in Pennsylvania.

My husbands divorced has been finalized since fall 2012. It was a quick and simple divorce. She left him and that was that. When she left, she took a vehicle that was in my husbands name with her (the exwife) as the cosigner. He told her as long as she made the payments on it and took care of it, he didnt mind her keeping it and making payments on it. He had a vehicle and due to her bad credit now, she couldnt get the car refinanced in her name to switch it over.

Fast forward to fall of 2014. We are purchasing a house and due to this being on his credit report (which a few times she was late payment on the car and we didnt know it till now) It is messing up our interest rate and ect. Due to debt-income ratio on house and car loan.

My question is, since she cant refinance it and has no one to help her do so, cant he legal repo it so we could sell it or at least pay it off (only about $6,000 is owed on it) So it doesnt show as a pay out on his credit and then we turn around and sell it.

Since it is not in the divorce papers anywhere about the car and she is only the cosigner nothing else, He can legally take it at anytime, cant he?

Well, let's just suppose that the agreement was - or she is able to establish that the agreement was - that if she assumed and satisfied the loan balance, he would relinquish whatever ownership claim he had.

Which under the circumstances is more likely since it would be impractical if not foolish of her be paying for his automobile. One that you seem to think that he can seize at his will.

And since you weren't privy to any such agreement, you ought not to be judging its legal consequence.

FURTHERMORE, Mrs. busy body, there is another issue that may need to be addressed. Which is that the vehicle being marital property (regardless of the name or names that appear on the title) and was not distributed in the divorce results in your husband and his ex wife sharing equal undivided ownership.

Simply meaning that each have equal rights of possession, but not disposition.

ALSO, would you care to give you take as to how his seizing possession of the vehicle would in anyway change his credit picture and enhance your ability to close on a favorable a real estate purchase loan?

It is not as if it would erase the fact that the loan payments were late. Payments that he was obligated to make regardless of any arrangements with the co-obligor!