Contract and/or Agreement?

[Princess AMY]

I have a property issue. I'm separated from my husband and have managed to separate all the community property but one thing. And that is his car. The loan and registration is in both of our names. I managed to take my car out of his name by refinancing the vehicle. He is trying to do that at the moment but because of some bad credit he is having trouble. I don't want to be liable for this vehicle or the loan for the vehicle. We can't afford to make this a court battle. I was wondering if it would be possible to have an attorney draw up some sort of contract or agreement stating that he will continue to do whatever he can to remove my name from the vehicle and until he can that he takes complete responsibility for the vehicle and the loan etc, etc, have it signed by us, thereby if anything does happen in the future that I can be saved from the liability of the loan and vehicle. If so, what kind of attorney can do this? And would it hold up in a court of law if it came to that (later on)? If not, do you have any other suggestions with regards to this situation that would comply with California law?

[Edited by Princess AMY on 03-28-2001 at 02:21 PM]

 

[lawrat]

Your idea won't really work.

BUt here's a thought:

Does he have a steady job? Is he financially able to pay for the car alone? If so, contact the lender and ask them if there is a way to take your name off. Otherwise, ask him to scrape some money together to pay off the car and then take your name off of the title.

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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

 

[Princess AMY]

Please explain how and why it wouldn't work. (I'm looking for details)

He has a steady job but has screwed up his credit so bad that the lender refuses to give him the loan on his own. He is trying to find a co-signer and see if that will make a difference.But in the chance that it doesn't I'm looking for an alternative.
Waiting for him to scrounge up money to pay it off would take a long time, if even possible. And during that entire wait I will still be responsible for the vehicle. This is exactly what I'm trying to avoid.
The nicest way possible to say this is, that my husband does not lead a very clean life. And due to that fact, the chances of something bad happening to that vehicle may be higher then normal.
I'm looking for a cost-effective way to handle this situation, without burdening me or possibly burdening me with extreme financial loss.