i need an answer to this in order to help a friend?

Question

i have a friend who is going through a divorce and the guy she is leaving has a car that is in both of their names but the loan is only in hers and now that she left him he is refusing to pay the payment and she is stuck paying for a car that she doesn't even have and if she doesn't pay for it she will ruin her own credit. is there anything legally she can do to get his name off of the title? or any other solution any of you can come up with

Answer 1

I had the same type of thing happen to me. The judge actually awared me "temporary possession of the vehicle" and I took it to carmax and got rid of it fast as I could.

She will have to keep up the payments till she can get custody of the car!

Answer 2

Gee...my daughter cosigned a loan with her now ex fiance and is stuck with the payments. He bought a motor cycle...wrecked it...the insurance was in his name and he bought another motor cycle...guess what...she is making the payments on a totaled motorcycle and he has gone on his merry way.

Trust should never be blind...its a hard lesson to learn...but she is stuck (your friend that is) with the loan payment. About the only thing she can do is approach her lender, explain the situation and do a voluntary repossession. Some lenders will work with a client to do this. She stops making the payments but agrees to pay anything on the loan after the car is repoed and sold.

However, she may have to wait for the divorce settlement to get the car back. The court will have the final say.

Answer 3

Sorry to hear about the divorce. Laws vary from state to state. If it is a community property state. Both are liable if the contract was entered while they were married. Your friend needs to talk to a lawyer and find out her rights. The courts are usually only interested in who will pay.If he has the car and won't pay she has a good case to retrieve it through the divorce. Her lawyer will know the states laws. But she must keep paying until the divorce is settled!

Answer 4

She has a legal right to take possession of the vehicle, since it was community property and the husband refuses to be financially responsible for the vehicle, then by default, it is hers, outright. I did the same thing, but it was reverse order. I let her keep the vehicle and went and purchased a new one. That steamed her crab! The car she got stuck with is an '01, I went and got an '05. It was '05 that year.

Answer 5

If they are getting a divorce she should be able to show the paper work of the loan and divorce papers to the motor vehicles and because she is paying on the loan they should take him off

Answer 6

Her divorce lawyer has the answer for that, but she may have to wait until it is settled in court, legally she can not make him give up the car and someone must make the payments.

Answer 7

Contact the creditor and her attorney and they can set up a motion. The judge will probably make him either refinance the car in his name or give it back to her. Good Luck to her, divorce is so messy, and not a fun game to play.

Answer 8

She can go to the cops and tell them she wants the car back...or call the title company and tell them to come get the car and where they can find it. The car is legally hers since it is in her name_

Answer 9

she cannot get his name off the title unless he agrees to do so, however, since the loan is in only her name, she could talk to her local police dept about repossing the car for herself to use, or sell to pay off the loan. the reason i say to use the police dept is to cover herself legally in case he trys to take her to court for it.

Answer 10

let her stop paying let it get reposessed and then she can go to the car dealer and say she doesnt want it back but she would like to clear her debt......