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