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Can I take the vehicle from my ex-husband that is in my name if he is not paying for it?

Can I take the vehicle from my ex-husband that is in my name if he is not paying for it?

Full question:

The judge ordered my ex-husband to be responsible for the debt of a vehicle. I was the primary borrower on the loan. I have been getting collection calls for past due payments on the vehicle because it is about to be repossessed by the loan company. Can I take the vehicle without my ex-husbands permission to keep it from being repossessed and to keep the finance company from garnishing my wages for the vehicle.

Category: Debts and Credit
Date: 04/07/2025
State: Alabama

Answer:

The liabilities and debts you and your spouse accumulated during the marriage should all have been assigned, paid, or handled in some manner as part of your divorce settlement. The debts should include all credit cards, mortgages, car loans, home equity lines of credit, and other types of consumer loans. If repayment of this car loan was assigned to your ex- husband by the court, he could be in contempt of court by not paying the loan. From a creditor's viewpoint, a debt incurred by both spouses during the marriage or debts incurred on a joint credit card or line of credit during a separation are the responsibility of both people. The creditor does not care how a divorce judgment assigns the debt. The creditor just wants the debt repaid by the people who promised to pay when the lender made the loan.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can I get a car loan if I have a judgement?

Having a judgment against you can affect your ability to secure a car loan. Lenders may view a judgment as a sign of financial instability, making them hesitant to approve your application. However, it is still possible to obtain a loan, especially if you can demonstrate a steady income and a good credit history. You may also consider seeking loans from credit unions or lenders specializing in high-risk borrowers.

What happens to a financed car in a divorce?

In a divorce, the division of a financed car depends on the state's laws and the specifics of the divorce settlement. Generally, if one spouse is awarded the vehicle, they may be responsible for the loan payments. However, if both spouses are on the loan, the lender can pursue either spouse for payment, regardless of the divorce agreement. It's crucial to address vehicle debts in the divorce proceedings.

Am I responsible for my ex husband's debts?

You may be responsible for your ex-husband's debts if they were incurred during the marriage and you both signed for them. In many states, debts acquired during the marriage are considered joint liabilities. However, if a court has assigned responsibility for certain debts to your ex-husband in the divorce, you may not be liable for those specific debts. Always review your divorce decree for clarity.

Can I be held responsible for my ex husband's debt?

Yes, you can be held responsible for your ex-husband's debt if the debt was incurred during the marriage and you were a co-signer or if the debt is deemed joint. Even if a divorce decree assigns the debt to your ex-husband, creditors may still pursue you for payment if you were originally liable. It's important to understand your legal obligations as outlined in your divorce settlement.