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micropilot
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Reged: 03/23/10
Posts: 2
Car loan in both of our names
      #644337 - 03/23/10 11:10 PM

Hi I'm from florida and wanted to know what can I do with the car since me and my wife are getting divorce and I have no interest in the car since I have my own car. She does wants to keep the car what can I do?
thanks


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jbar
journeyman


Reged: 12/26/06
Posts: 74
Re: Car loan in both of our names [Re: micropilot]
      #644729 - 03/25/10 12:01 AM

You really have to be careful in "equitable distribution" states because the court can even "divide" assets you received by inheritance, gift or had before marriage.

To really be an "equitable" division your assets should be divided based upon who paid for them, with things paid for by both of you divided proportionally to the amounts each party contributed. Of course, if they did it this way there wouldn't be anything for the lawyers to argue about, would there?

Either divide your assets with her by mutual agreement or be prepared for big attorney's fees and a totally unpredictable outcome!

--------------------
"There is no force so powerful as an idea whose time has come."
...Everett Dirksen


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BeachBabeRN
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Reged: 01/16/06
Posts: 3051
Loc: VA for 21 years, NC forever!
Re: Car loan in both of our names [Re: jbar]
      #644777 - 03/25/10 07:40 AM

Your STBX has to refinance that vehicle in her own name in order to take you off both the car title and the loan.

Is she willing to do that? Is she willing to assumed the payments? Or is she NOT going to pay, thereby dinging both your credit scores?


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Maury
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Reged: 06/02/04
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Re: Car loan in both of our names [Re: BeachBabeRN]
      #645657 - 03/27/10 01:01 AM

If she desires to keep the car, in any agreement, you would require her to refinance that debt into her name alone. If you do not, any late payment or non-payment affects your credit rating.

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micropilot
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Reged: 03/23/10
Posts: 2
Re: Car loan in both of our names [Re: Maury]
      #645897 - 03/28/10 10:41 PM

Thanks

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dogcatman73
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Reged: 05/19/10
Posts: 4
Re: Car loan in both of our names [Re: micropilot]
      #662043 - 05/19/10 07:34 PM

Hi. I also have a question about this. My wife just served me with court. While I am driving the clunker (and ok with that) She is driving the new leased toyota but the lease is in my name. What do I do. I know she is vindictive and will mess up my credit. Can the courts do something about this?

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BeachBabeRN
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Reged: 01/16/06
Posts: 3051
Loc: VA for 21 years, NC forever!
Re: Car loan in both of our names [Re: dogcatman73]
      #662046 - 05/19/10 07:45 PM

Lease in your name, car is yours.

Take the keys. If the lease is in your name, then how can she mess up your credit? You're responsible for the payments, not her.


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