Vehicle in both names


#1

My STBX and I are both named on a loan for a truck that he has in his possession and is making payments on. He has bad credit and has not pursued looking into getting his own loan to be able to transfer it out of my name. He has missed payments and missed paying taxes (for which I had my wages garnished). Basically, I want it to say that if he is late after an “x” number of payments, I can have the truck turned over to me OR better yet force him to place the truck in his name. I’ve seen similar questions asked on this forum in which a “court order” was suggested to resolve issues like this. What is the actual document/form that one should file in this circumstance? The debt is at about $8K right now.

Thanks again…


#2

You are speaking of an order for equitable distribution. I would want one that directs him to continue paying the loan and to get a new loan when available. That way, if he doesn’t, you could file a motion for contempt against him.

In order to get an order, you have to file a complaint. If he will enter something voluntarily, you can get him to sign a consent order. If not, you will have to have a trial so a judge enters the order.


#3

Thank you for the clarification. Just to be clear, if there is no other property or assets that need to be divided, do I still need to complete the entire ED form of 28+ pages?


#4

If you are talking about the Wake County Equitable Distribution Inventory Affidavit, the answer is yes. This is required by our local rules. If there is no other property to be divided, you should be able to complete the form quickly.