My husband and I are currently separated. The title and car loan for the truck he drives is under my name as is the insurance. He cannot qualify for his own loan and doesn’t make enough money. I have been paying for this truck and he claims he cannot afford it. I do not want to pay for this truck and I owe more on it that what it is worth. How can I get out of this mess? To make matters worse, I just got an Ex Parte DVPO for harrassing emails and stalking. I am going to court this Friday to obtain a permanent 1 year order. If need be, I will keep paying and have as a second car but I do not think I should keep letting him drive this truck especially with a DVPO. What recourse do I have?
If your goal is to get the truck back so you can turn it in and get out of the debt, you may be able to get law enforcement to help you take the car if it is in your name and he has no claim to it, but they may not assist you since you are still married. You can file an action for equitable distribution and move for an interim distribution for the truck so you can be in possession of the car you are paying for. Then, you can try to turn it in with the dealership in an attempt to salvage your credit. The other option would be to stop paying on it and let it get repossessed. It sounds like in any scenario, you are the party at risk since it is your credit that will be damaged.
It also sounds like you were the supporting spouse if you have been paying for things like his car payment through the marriage. He could bring suit against you for spousal support and ask for the continued payment of support, like the payment of his car loan. You may want to speak with an attorney about whether you should have any concerns about this. If there are concerns, it may change the way you decide to act.