STBX had us take out a $20,000 loan together to purchase a car in 2015. Three months later, he stopped working and I made all payments on my own. In 2016 he moved in with a paramour and left the vehicle with me. I have maintained all payments and repair work on vehicle since that time. About $10,000 remains on the loan.
Divorce is approaching and he says he wants to force a re-finance of the vehicle to get his name off the loan. I cannot afford the new downpayment and loan due to his draining of our marital finances (unemployment, expensive rehab facilities, and other misconduct). I would prefer to simply pay off the loan in timely fashion (as I have been doing since his departure) and have him take his name off the title to the vehicle once it’s paid. We do not have any sort of separation agreement, since the only one he’s been willing to draft has insisted that I refinance the car in my name only.
My question is, can he somehow force the refinance without my agreement or take the vehicle from my home? And if he has stated multiple times that he wants nothing to do with the vehicle or me, can he demand access to the vehicle (keys and such) despite the fact that he has made no payments on it since 2015 and moved into a new domicile with the stated intent to abandon the vehicle and the marriage?
This vehicle is my only means of getting back and forth to work, and I do not have the resources to purchase another one. He has offered to “give me” his deceased brother’s pick-up truck, which is unreliable and would require more repair work than I can afford to be kept on the road (he drives his girlfriend’s BMW).
The house, thankfully, is a rental in my name only. He has broken in multiple times to take whatever he wishes, but since no one saw him he has not been arrested. The only marital property at issue will be the vehicle, and since he brags about how well-off the girl he left me for is and how she pays all his bills for him, I can’t imagine he’s doing this for any reason other than to be spiteful. I’m not sure how to handle it. He’s done enough damage as it is, and I hate to think he can reach out from his new love-nest and continue to wreck my life.
Your husband cannot force you to refinance the loan on the car without your consent in a separation agreement or a consent court order. He could however, file an equitable distribution action against you and after a hearing a judge could order you to refinance the auto loan.
Your husband could take the car from your home or demand access since he is a joint owner on the title and there is no separation agreement or equitable distribution court order in place stating that the car is to become your sole and separate property. There could be some criminal issues with this however, such as trespass or domestic criminal trespass.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
So would it, then, be in my best interest to start ED proceedings first,
despite the cost, to preserve ownership of the vehicle? Or should I wait
for the actual court date for the divorce and hope the judge agrees with my
assessment of his behavior? I’m afraid starting ED would only provoke him
to keep counter-filing to prolong things.
You should not wait until the absolute divorce court date to bring up the issue of equitable distribution (ED). Once an absolute divorce is granted, you are forever barred from asking the court to divide the marital property. Plus, the absolute divorce court date is not the appropriate time and place to bring up ED issues.
If you and your spouse cannot agree on the vehicle, then you should file an ED action now, ahead of the absolute divorce, or at the same time that you file for absolute divorce.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.