QUESTION
If the car is in my name and my ex is not paying, can I take the car back?
Asked on Apr 01st, 2014 on Divorce - Idaho
More details to this question:
My hopefully soon to be ex-wife is not paying for her car that is in my name only. Can I take it back without it looking bad for the divorce and before she screws up my credit?
8 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Do not take direct action without getting the Judges approval.
Answered on Apr 03rd, 2014 at 12:25 PM
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Title alone does not determine disposition of personal property during a divorce. Florida is an equitable distribution state and all property, including the car, is subject to that equitable distribution. Therefore, generally, based on your brief post, it does not appear that you will be able to take your car back as it appears that the car has already been allocated to your spouse in your divorce. If that is the case, title should be transferred to your spouse and language should be included in your settlement agreement where your spouse will hold you harmless from any and all financial responsibility. You really should consult with a divorce attorney in your area for further guidance. You may be entitled to reimbursement for any payments you make on the car to avoid repossession/damage to your credit, but again, it would be prudent for you to consult with an attorney right away to ensure that your interests are protected. Good luck!
Answered on Apr 02nd, 2014 at 7:27 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Only if a court order has NOT been entered in your divorce which prohibits it.
Answered on Apr 02nd, 2014 at 7:26 PM
I would suggest you take action THROUGH THE COURT and not do anything on your own. If it is urgent, you can file an emergency motion for a quick hearing. Good luck.
Answered on Apr 02nd, 2014 at 7:26 PM
Collections Attorney serving Troy, MI
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Beier Howlett, P.C.
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I believe that you will look bad. However, your attorney can resolve your concerns, which seem very reasonable, by requesting that both of you maintain status quo regarding payments and obligations. You can also request that she provide proof of payment or that she pay you, and then you pay the loan. Depending on her ability to bring the note current, you may be able to request that it be returned to you. Be sure that these issues are specifically resolved in the final judgment of divorce.
Answered on Apr 02nd, 2014 at 7:26 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Despite yours being the only name on the title, the car is community property if it was bought during the marriage. Go to court (I assume a divorce has been filed) on a motion ordering her to give the car to you and assuming responsibility to pay the loan.
Answered on Apr 02nd, 2014 at 7:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You clearly need to speak with your attorney, and if you do not have one, engage one. The possession and payment for the car should be part of your eventual divorce decree.
Answered on Apr 02nd, 2014 at 7:25 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Since the divorce is in process, you would be better off if you file a motion for the car to be returned to you.
Answered on Apr 02nd, 2014 at 7:25 PM