Vehicle loans..another question


#1

My ex and I now divorced. My question is about joint car loans. I have refinanced my car into my own name although he is now refusing to sign the title. I have asked him to refinance his car into his own name, but he is refusing that also. My car loan was and still is always paid on time. His car loan has been 30 days past due every month for the last 17 months…obviously this effects my credit. I am trying to buy a house and the only thing that is holding me back is his car loan. Two questions… 1) Can he be legally forced to sign my title since the car has now been refinanced into my name only? 2) Can he be legally forced to refinance his car out of my name? Thanks in advance! BTW we have no SA and the cars are the only joint property we have.


#2

Unless you have a Separation Agreement or Court Order requiring him to sign over title you cannot force him to do so, same goes for forcing a refinance of the other vehicle.


#3

Can I get an attorney and bring him to court to force him to sign the title and refinance? Would a judge then make him do it? How can I get a court order?


#4

You need to file a claim for equitable distribution of martial property. A judge can order that he sign title over to you as part of a distribution of the property, which in this case, would be the two cars and their corresponding debt.


#5

I thought once you were divorced you could no longer do ED? Since we are divorced can I still do that?


#6

No, since you are already divorced you can no longer file for ED, as that is a right arising out of the marriage. I suggest you contact an attorney who deals in civil litigation to establish a plan of action.


#7

ok thanks for the advice!


#8

Good luck to you!