Any property purchased during the marriage is marital property and subject to equitable distribution. For now, one of you or both of you must make the payment on the truck. Yes, the “truck” could be “given” to him in the property settlement and your name removed from the loan, title, etc. Until a settlement occurs, or an agreement occurs, you are both responsible for the payments.
It is typically very hard to refinance a vehicle. The court may order him to make the payments and if he does not he can be held in contempt. If he does not refinance the vehicle and the payments are late the creditors may pursue you. Generally, the court is going to give him a chance to make the payments before ordering that he sell or refinance the vehicle. If you are not in court, you may be able to negotiate for him to pay off or refinance this debt.
This would not be done as part of the divorce. It would be done through a separation Agreement, or as part of a court action for Equitable Distribution.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044
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.
Ok…One month before my husband walked out on me we bought a brand new pick up truck jointly. He has been making the payments. I was wondering if there was any way I could get the vehicle note out of my name as part of the divorce decree so it wouldn’t tie up my line of credit and I want to make sure if he doesn’t make the payment I wouldn’t be held liable for a repossession.