QUESTION
Can I as a co-buyer have my car repossessed in a divorce? How?
Asked on May 27th, 2015 on Divorce - Washington
More details to this question:
My husband and I are going through a nasty separation. He has been fighting me on everything since I asked him to leave in January. He even tried to kill me last April. He is on 10 years probation for right now. Every day since then, there has been a fight just for him to leave me and my kids alone. On Sunday night, he placed an order to have my truck repossessed. Can he do this? And do I have any rights at this point? I have been the one making the notes since I got my truck, not him. But I am listed as the co-buyer. The credit union that we are financed through said since he is the primary buyer, he has the right to place the order. And he has to give me permission for me to get my car back, which was my primary means of transportation. What are my rights, or do I have any at this point?
7 ANSWERS
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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You have serious DV issues and serious enabling issues. Get a lawyer; I will not enable you to do otherwise.
Answered on May 28th, 2015 at 2:50 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I would not have thought that on co-buyer can arrange a repossession of a vehicle, if all payments are current. In your divorce, you presumably have a temporary order which addresses who has which property, at least temporarily, and who pays which bills. If he is violating those provisions, you can file a motion for him to be held in contempt. (And you can often get a contribution to your lawyer's fees for bringing the motion.) Consult your divorce lawyer. If you do not have an experienced matrimonial lawyer, hire one. Its almost always worth the investment, and good lawyers know ways to shut up recalcitrant spouses. Good Luck.
Answered on May 28th, 2015 at 2:38 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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If you are in the midst of a divorce get an attorney right now if you do not have one.. and if you do ask your attorney This could be easily remedied with a status quo order that prohibits him from doing this.
Answered on May 28th, 2015 at 2:37 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You need an attorney ASAP.You may need an emergency Motion to stop these actions.
Answered on May 28th, 2015 at 8:24 AM
The question is not the buyer, it is the owner. If your name is on the title, the car is as much your car as it is your spouses car and you can go get it. I would suggest, however, that if you get the car, carry the Title, current insurance and have a valid drivers license just in case the car is called in as stolen and you get pulled over. If you do get pulled over, just show the police officer the title and other papers and you should be fine.
Answered on May 28th, 2015 at 12:44 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Who is your attorney. Address this issue there and with the court. Try to refi the truck with the CU in your name only. That will have to happen eventually anyway.
Answered on May 28th, 2015 at 12:41 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If you file a divorce you can get relief. You can also file a domestic violence protection petition if he is abusive.
Answered on May 27th, 2015 at 4:00 PM