Legal Question in Family Law in North Carolina

If you are separated and the car is in your name but the wife got in the separation papers as long as she makes the payment, but is no longer making payments can you go get the car back?


Asked on 4/02/14, 8:03 am

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

Depends on how well your Separation Agreement was drafted. If it was drafted properly it will contain a clause allowing you to take possession for failure to make the payments. If your Separation Agreement was poorly drafted, you will be stuck with the prospect of spending a pile of cash to have an attorney file a breach of contract action which will most likely take quite sometime to be heard. You will also have to keep your fingers crossed and pray that your Separation Agreement was not so poorly drafted that it also failed to contain a clause requiring a breaching party to be responsible for the other's attorney fees. However, the important thing is who's name the payments are in. If they are in your name alone - she will be doing damage to your credit. Your first step should be to contact her inform her she is in breach and that you are going to hire an attorney and see if she will simply agree to give you the car. If she won't and your agreement is not properly drafted you will have to weight the time, expense and prospects of catching up and making the payments to get the car back versus just letting it get repossessed and the possible damage to your credit.

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Answered on 4/02/14, 8:58 am


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