Two cars - one in both names (mine first)

We have been separated for 2 months. I have one car in my name only and the other car is in both of our names (my name appears first). Both cars are financed – my car in my name only and the second car with my name first and his name second. He says he will continue to make the car payments on that second car, but knowing his past history with finances, I am concerned about that. I certainly can’t afford to make both car payments – I can barely afford to make the payments on the car that is in my name only.

What should I do during this time of separation regarding the second car?


You will need a separation agreement or equitable distribution court order clarifying the issue about the vehicles, among the other property. Your spouse will need to refinance the loan on the car that he drives, and you will need to execute title to him. A separation agreement or court order will require him to do so by a certain time, and it can also state that you are to have no liability for the vehicle or the auto loan prior to the time he refinances it and the title is changed. Otherwise, you will always be responsible for the loan on the vehicle.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Thank you! That is exactly what I needed to find out!