North Carolina  |  Family Law

Legal Question

Asked on: 3/23/09, 5:12 pm

What are my rights? Vehicle repossession

I have just been awarded an uncontested divorce. My question is I have a car that is SOLEY financed in his name; titled in both of ours. My credit is not great (due to THIS marriage:() and I am unable to finance the $5000 left on it.

He is ''hounding'' me about getting the car refinanced but nothing was ever entered in the divorce decree regarding refinancing this vehicle (just a ''generic NC divorce''); we had a separation decree that was notorized in '06 that stated ''...will attempt to refinance vehicle..vehicle will remain in possession of wife, etc.,'' but was never filed with the court, and not with the divorce decree. I have always made the payments; what are his rights? What are mine?

He's threatening me and I would really like to just place the vehicle in his driveway!

1 Answer

Answered on: 3/23/09, 7:44 pm by Mark Williams

Re: What are my rights? Vehicle repossession

It sounds like you have a Separation Agreement Property Settlement (SAPS) that may control this question under contract law. The question is what else the SAPS says that you did not quote.... like indemnification and hold harmless language. Without that info, I can't steer you.

If you had simply gotten divorced with no SAPS, then you both own it and he is responsible for paying for it. And that would be awesome - right?

Go see a local attorney. The NC Bar Association will refer you to one and it will cost $30.

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