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Upside down on car I was awarded pre settlement wife holds title

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octanegirl

Junior Member
What is the name of your state (only U.S. law)? AZ

I am separated and wife was awarded house and i was awarded sports car that is titled in her name. We are in final settlement phase- divorce is not final pending this last detail. She couldn't afford house and it couldn't sell so we got a tenant for it. I made 7 months of car payments on the car when I got awarded it, but cant afford car payments of $500 a month any longer and we owe $30K on car and its worth less than that. Community property state. Neither of us have assets to buy the other out of the car and I just want to drop it off with her and be done with it since the loan is not in my name.
1. what are my obligations?
2. If the car is upside down how do we settle on eachother's obligation of it.
3. Can we just try to sell it and buy down the loan and split what is left to pay?
4. Best option to settle this?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? AZ

I am separated and wife was awarded house and i was awarded sports car that is titled in her name. We are in final settlement phase- divorce is not final pending this last detail. She couldn't afford house and it couldn't sell so we got a tenant for it. I made 7 months of car payments on the car when I got awarded it, but cant afford car payments of $500 a month any longer and we owe $30K on car and its worth less than that. Community property state. Neither of us have assets to buy the other out of the car and I just want to drop it off with her and be done with it since the loan is not in my name.
1. what are my obligations?
2. If the car is upside down how do we settle on eachother's obligation of it.
3. Can we just try to sell it and buy down the loan and split what is left to pay?
4. Best option to settle this?
She was awarded the house, therefore the house is all on her. You were awarded the car, therefore the car is all on you. However, it appears that your property settlement is not 100% final yet so its possible that could change. As things stand though now, if you dropped off the car to her and let her worry about it because the loan is in her name, she could sue you and win.
 

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