Breach of contract


#1

My ex and I have an executed sep agreement where by she is required to make a payment into my checking account each month to cover a car payment. She wanted this car and was unable to refi the loan into her name and so I allowed her to have the car as long as she payed the payment. She recently lost her job and is going on 2 months past due to me. I have continued to pay the bank so that it does not impact my credit. The car is solely in my name. can I repossess the car? do I have to sue her inorder to force payment or forfeiting of the car back to me. What action can I take to get the car back, I don’t want to default on the loan. If I defaulted on the loan, could she sue me for not making the payment, even though she did not keep up her end of the agreement? If she was to agree to letting me have the car back, how would we make that change on the current separation agreement?


#2

Whether or not you can re take possession of the car depends on what your agreement says with respect to her failure to pay. She cannot sue you for failing to pay if she is not paying you. If she agrees to return the car to you, get her to sign an amendment to the Agreement, and have it notarized.