Wife and I have car loan together. Wife doesn't want to pay for loan can.?

Question

Can I sell the vehicle or return back to bank eventhough she doesn't to pay on it?

We have no kids together.

Answer 1

If both of your names are on the title then both of you are responsible for the payment. If you are separated you might get your lawyer to force the ownership of the car as only hers. That property will become her part of the settlement. You will have to get your name taken off of the title.

Answer 2

YOu can sell the car by having someone take over the existing loan. They will have to go through the approval process. Or if you really trust them have them take the car and make the payments. Then your credit reflects the payments. Or you can take it to a dealer who will give you much less than you owe on it and you will still owe on it. Or give it back to the loan company who will take it to auction and after it is auctioned you will have to pay the balance that they didnt get at the auction. My ex filed loan on bankruptcy, I returned car, it was auctioned, owed $4000.00, I then in our divorce had it stated that he had to pay that remaining amount. so he is ending up paying anyway. It was his truck, I had to catch up the payments after I took it from him because of his lack of responsibility. At the same time, I sold my other car to a cousin, who took over payments on my account.Although both your names are on it, the first name on the loan is the main responsible party for the car.

Answer 3

if your wife's name is on the title then yes she has to help pay for it

Answer 4

Not sure... depends on your state... however, I was in the same boat and the judge signed an order giving meer permission to sell.

Good luck.

(divorce & family law) http://family.findlaw.com/ (by state AND/OR by topic)