Question:

My soon-to-be ex and I have two cars: One that barely runs and one that is only worth $3,000 but with more than $9,000 still owed (both our names are on the title).

I want my ex to take the car that runs, but I know she will not be able to afford the payments on her own.

Will the divorce prevent repossession of the vehicle?

Answer:

This is a common issue in divorce cases, and the unfortunate outcome is no, divorce will not stop a repossession.

For example, let’s say the judge rules that your wife is to have the $3,000 value car and is to be responsible for the loan payments.

If both parties are on the loan and your wife does not make the payments, then the lender will come to you looking for payments. If you do not make the payments, the lender will take necessary action, which could result in repossession.

A divorce decree cannot force the lender to refinance the automobile loan and take the other party’s name off of the loan.

Instead, in these situations, there is usually special language in the decree stating that the spouse who keeps the car is responsible for the car payment and must reimburse the other party for any payments made on his/her behalf while holding that other party harmless from making further payments.

Consider speaking with an attorney to find out your options regarding the vehicles and the best course of action to take that will protect your financial future.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney in Virginia, contact Cordell & Cordell.