Legal Question in Family Law in California

I'm legally divorced. My ex-husband and I purchased a car together (I'm the primary on the loan, and he is the co-signer) and the title states "Mrs. OR Mr.". I'm currently making the car payments but my ex drives the car. I can't stop making the payments because it will hurt my credit, but he refuses to take over the loan because he's currently getting a free car. Is there any way for me to get the car in my possession? If I pay off the car and the title is released to me, can I consider it stolen and have the police retrieve it for me?


Asked on 8/11/09, 4:41 pm

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

Even if you did that and pay off the loan, it will probably be too easy for him to explain to the police that you two had an ongoing arrangement for him to have possession of the car and he did not know you paid off the loan. At that point, you might have to take things to court as a civil matter to retrieve possession of the car from him.

Unfortunately, that's the risk of co-signing for a loan since the other party may not act responsibly. If you don't pay off the loan as above, you would want to continue making payments on the loan or risk defaulting, which would harm your credit. However, if he really needs the car, your telling him that you will stop making payments and actually stop making payments may get him to pay to prevent it from being repossessed. It's like a poker game of who blinks first.

Larry L. Doan, Esq.

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Answered on 8/11/09, 8:29 pm


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