QUESTION

I got a car with my ex-husband, but he stopped making payments for four months, so I took the car. I got it refinance but now he doesn''t want to sign

Asked on Oct 27th, 2011 on Business Law - Alabama
More details to this question:
What I can do since he seems not willing to sign the legal documents to get him out of the loan. We got divorce two years ago, bought the car over three years ago and never got anything on writting about me keeping the car but I have paid more on the car than what he ever did. He is a extremely difficult person and eventhough he has not said that he does not want to sign the papers, I know he will not.
Report Abuse

1 ANSWER

Real Estate Law Attorney serving Anniston, AL at Isom Stanko & Senter, LLC
Update Your Profile
I understand from your statements that you and your ex both signed the note when the car was purchased.  If so, then you are both obligated legally to pay the debt.  It does not matter that you later got divorced.  The finance company that loaned the money can and will look to either of you - or both of you -- for payment. I also understand from your statements that you have possession of the car and that you have arranged for another finance company to refinance the loan -- in your name alone.  In order to do that, you will have to get your ex to sign over his interest in the vehicle.  It seems to me he would be foolish to refuse since, if the car is repossessed, he will probably get sued by the finance company.  If you have not asked him to sign, you should test him.  You may be surprised.  If he refuses to sign, you might try to induce him to sign by offering a sum of money -- it seems that he did contribute something to the purchase.  If that fails, it is a judgment call on your part as to whether to keep making payments or to let the finance company repossess it.  If you keep making payments, you may eventually pay the debt off but you will own only a half interest in the car.  If you stop making payments, the finance company will eventually repossess the car and may sue you on a deficiency.  If they repossess and re-sell the car they will probably suffer a loss - they will not be able to sell it for enough money to pay the loan off.  Whatever sum is left due and owing will be the deficiency.  The finance company will be legally entitled to sue either you or your ex -- or both of you.
Answered on Dec 01st, 2011 at 7:25 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters