Divorce/Property Question

[Charlotte NC]

Me and my ex-wife have been divorced now for about a year and a half. My ex-wife has possession of a car that I bought and am still making payments on which I cannot afford -- the car title is in my name and I still owe $16K on it and the blue book value is $14K. I have been making $600 payments on it since our divorce along with insurance payments. I cannot afford to make the monthly payments anymore and want to sell it and take a one time hit on it instead of continuing to make $600 monthly payments on it plus insurance payments. However, she won't let me take the car. I have offered my car (a used car that I own) in trade so that she would still have transportation, however, she refuses. What options do I have?

Also, we never hired a lawyer to split property or anything like that. She left and took everything of value inside of it and left me with a house which I can ill afford. If I were to sell the house, I would lose around $30,000+ on it which is the only reason I still have it. My name is on the mortgage but both our names are on the title. The car is completely in my name but her name is on the insurance since I have been paying for it.

 

[LillianX]

Was this addressed in the divorce? What does your paperwork say regarding this car?

 

[Charlotte NC]

Was this addressed in the divorce? What does your paperwork say regarding this car?

Unfortunately, we didn't hire a lawyer or do a division of assets or anything like that. We just go a simple divorce without anything in writing as to what goes where.

 

[mistoffolees]

Unfortunately, we didn't hire a lawyer or do a division of assets or anything like that. We just go a simple divorce without anything in writing as to what goes where.

You've created an enormous mess.

I would suggest that you sit down and work out a formal property division and then submit it to the court as a stipulation. Whoever takes an asset should also take the loan that goes with it.

 

[Charlotte NC]

You've created an enormous mess.

I would suggest that you sit down and work out a formal property division and then submit it to the court as a stipulation. Whoever takes an asset should also take the loan that goes with it.

Would I have to set those terms in conjunction with her? I ask because she is being extremely unreasonable and doesn't want any part of it since she is not paying for anything at this point or could I stipulate my own terms as I deem reasonable and submit it to the court which would basically be that I take over the house and those payments and she takes over the car and those loan payments?

 

[mistoffolees]

Would I have to set those terms in conjunction with her? I ask because she is being extremely unreasonable and doesn't want any part of it since she is not paying for anything at this point or could I stipulate my own terms as I deem reasonable and submit it to the court which would basically be that I take over the house and those payments and she takes over the car and those loan payments?

Of course you can't unilaterally set terms. You either agree with your ex or you go to court and let the judge decide.

 

[LdiJ]

Of course you can't unilaterally set terms. You either agree with your ex or you go to court and let the judge decide.

I think that I would consult with an attorney first. I am honestly not sure at all where they stand when they didn't actually divide property during the divorce.

I would have some concern about potentially making things even worse.