my wife and I purchased a car, we are getting divorce and she would like to keep, which I have no problem with. The issue is her late payments and that affect my credit. Her credit is very poor so she can't refinance. We both are owners of that car. is there any legal way or court order where she has to sign it to her name? or can I just repo the car?
Divorce / Separation Lawyer
Yes there can be language that if she misses a payment then the car gets turned over to you. You need to discuss this issue with your lawyer for more specific advice for language to include in your decree.
IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.
1 found this helpful
The family law court cannot force a refinance. It can enforce a "hold harmless" provision in your marital settlement agreement or a direction that she turn the car over to you if she misses a payment. "Repo"ing the car is a remedy only for the lender. If it is in both names, then you have as much right to it as she does until family court intervenes, but just to take the car and leave her without transportation could be a very bad move in the eyes of the family law judge. This needs to be handled right. Consult with a lawyer.
If this answer has helped you, please mark it as Best or Helpful Answer. This communication is intended as general information and not specific legal advice and does not create an attorney-client relationship.
2 lawyers agree