# Car & Loan in His name **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [January 3, 2007, 1:01pm UTC](https://forum.rosen.com/t/car-loan-in-his-name/3984 "2007-01-03T13:01:37Z")\ **Posts on this page:** 3\ **Page:** 1
**Author:** ![FATHERDORIGHT](https://avatars.discourse-cdn.com/v4/letter/f/a8b319/32.png) [@FATHERDORIGHT](https://forum.rosen.com/u/FATHERDORIGHT)\ **Post date:** [January 3, 2007, 1:01pm UTC](https://forum.rosen.com/t/car-loan-in-his-name/3984/1 "2007-01-03T13:01:37Z")
Get a written agreement stating what you just wrote and you both sign in front of a notary. ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [January 5, 2007, 9:00pm UTC](https://forum.rosen.com/t/car-loan-in-his-name/3984/2 "2007-01-05T21:00:15Z")
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 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![CheriPie04](https://avatars.discourse-cdn.com/v4/letter/c/8797f3/32.png) [@CheriPie04](https://forum.rosen.com/u/CheriPie04)\ **Post date:** [January 3, 2007, 12:46pm UTC](https://forum.rosen.com/t/car-loan-in-his-name/3984/3 "2007-01-03T12:46:30Z")
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.