Car & Loan in His name

Get a written agreement stating what you just wrote and you both sign in front of a notary.

Dear CheriPie04,

Yes, a separation agreement can deal with this issue and make sure he cannot take the car back from you.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

My husband and I are separating. Both vehicles are in his name. One is paid for but needs repairs. The other still has a loan and payments. I would like the car with the payments and would be willing to make the payments. Is this something that can be done in a separation agreement to protect the both of us? I need protection in that as long as I’m making the payments, he can’t take the car, as well as having the title turned over to me once it’s paid in full. He needs protection in the event that I don’t make the payments he can get the car back. I can’t get the loan in my name, or a new loan in my name, as my credit is not good enough. Thanks.