Divorce and the Car

Updated on September 10, 2006
J.W. asks from Tampa, FL
5 answers

I am thining about getting a divorce with my husband, but i am very scared! I got him a car that is soley in my name, but he drives it and pay for it, for the most part. I am worried once we get a divorce he is not going to pay for the car and it will effect my credit that I worked so hard to repair. I plan to put in the divorce papers he is responsible for the call. Will that protect me? I need any advice. I am doing my own divorce, becasue I can't afford a lawyer. Please tell me about any similar stories and advice on how to protect me!

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So What Happened?

He stopped paying for it and I wa left with an expensive care note I cant afford.I tried to sell it in the paper, on the side of the road, ebay, auto trader,etc.
I had to trade it in after I got enough $$ to eat the negative equity and got a newer one with lower payments. I figured it was the best thing to do since I was going to be stuck with a car payment regarless.

More Answers

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

A.F.

answers from Tampa on

First, get a hold of Bay Area Legal before you try the "Do It Yourself Divorce". They can help and the cost is based on your income.

Next, I advise you to take the car in the divorce or make him transfer the loan and the title into his name.

Finally, trust yourself. You can make it. I have done it and there are lots of moms out there doing now.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

L.D.

answers from Tampa on

Unfortunately, putting that he is responsible in the divorce papers will not protect you or your credit. The bottom line is that it is in your name and so long as any financing is in your name you are the responsible party. If your credit is your biggest concern I would try to sell the car -- whether it is to your soon to be ex or someone else.

Good luck with everything.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

H.Y.

answers from Tampa on

You should put the car in his name (transfer the title to him) or keep the car for yourself & tell him to find a new one. I would not trust that he will continue to make the payments, just b/c its in the papers doesnt mean tht he will pay.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

K.H.

answers from Orlando on

hi L., well my divorce was finalized 2 days ago after fighting for two years! as for the car IT NEEDS TO BE TAKEN OUT OF YOUR NAME IF HE IS GONNA KEEP IT! NO IFS ANDS OR BUTTS! B/C YOU ARE STILL RESPONSIBLE IF ITS NOT. if he doesnt have the credit oh well. to bad. also if you cant afford a lawyer call legal aide if you qaulify then all your cost are free. if you have any other ??? email me good luck K.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

J.R.

answers from Tampa on

L., I would start by calling the company/bank that holds the title. I went through an awful divorce and one of the cars in question was in both our names. Though the paperwork said the car and payments went to him-the creditors (even though I talked to them prior) would not take my name off the title/loan until the car was payed off. He was late on 3 payments and now three years later-it is still affecting my credit. I would suggest you work with him to get him to refinance in his name only, him get a loan to pay it off and assume his own loan. Or sell the car as part of the separation/divorce agreement and split the proceeds. Also, don't assume that if you split on good terms that you can trust him-there are kids involved and every little thing can turn into ammo. Good luck and feel free to ask anytime!
J.

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