My husband and I had our seperation agreement drawn up. it stated that I would be the sole owner of my car and he the sole owner of his 2 vehicles and that we are responsible for any liablity to those vehicles we own. in the next section it stated that the husband is taking responsibilty for any and all debts aquired during the marriage on or before the date of seperation. which included our 2 vehicle loans. he was to pay off my car and sign the title over to me when he refinanced our home and put it in his name. he is now saying that is not the case and that i am responsible for the car payment. and that i need to do something to get it out of his name. isn’t the car debt included in any and all debts?? that he agreed in the papers to take responsiblity for? and what do i need to do about it. how long does he have to get the title to me?
Typically the car loan is not included in the debts section of a separation agreement, and it appears as though the car loans were not contemplated as being part of the marital debts. If the agreement states that you are responsible for any liability on your vehicle that includes the loan. From what you have listed it does not appear that you are required to refinance the loan into your sole name however.
The title to a vehicle is not released by the lienholder until the loan is paid in full. At that time your husband will have to sign over title to your sole name and you will re-register the title with the DMV at that time.
However, if the STBX in question wants to take care of signing their rights over sooner (i.e. before the title is released by the lienholder), they can sign (and get notarized) a Power of Attorney over the vehicle, which allows the designee to sell or transfer title to the vehicle w/o further intervention by the designator.
This then allows (even 18 months after the PoA is signed) the designee to transfer title into their sole name after the lien is released.
the amount of the car loans were considered in the settlement. it was agreed upon by my husband and i that those were part of our debts and they were deducted from the payout of what he was to pay me.
The problem that I see is that contracts such as separation agreements are construed as written and there is a rule of law that will keep evidence other than the contract out of court. The plain language of the agreement seems to contemplate that you are responsible for the car loan.