Divorce and car loan

Asked almost 2 years ago - Orlando, FL

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?

Attorney answers (2)

  1. Earl David Maxwell

    Contributor Level 12

    2

    Lawyers agree

    Answered . 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.

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  2. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    Answered . 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... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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