Legal Question in Credit and Debt Law in Pennsylvania

My girlfriends ex husband is after her to accept transfer of a car loan that is currently worth more than the car itself. The loan, title, and all paperwork is in his name only. All of the research I've found so far says that she would have to take out a loan for the amount owed on the car and use that to transfer the title into her name. She has been paying him the monthly payment for use of the car since their divorce two years ago. Does that count as a verbal agreement between them? If so, can he use that against her in trying to force her to take over titleship of her car?


Asked on 1/31/12, 6:14 pm

1 Answer from Attorneys

So the ex-husband wants to get the car out of his name but the car is worth less than what is still owed on it, right? In such case, the girlfriend could get a personal loan and do this, but I would advise her not to do so. I don't see any advantage to her to do this. No car lender is going to loan funds on the car so that it can be in your girlfriend's name unless your girlfriend or ex-husband makes a downpayment and gets a loan only for what the car is worth.

I don't understand how the ex-husband can "force" your girlfriend to do anything. They are not married any more. If the girlfriend does not want the car, she takes it to ex-husband and its his problem. If the ex-husband is mad at the girlfriend, he can refuse to allow her to drive the car. But the ex-husband cannot force her to buy it when he is upside down on the thing.

However, does the girlfriend and her ex-husband have any kind of separation or settlement agreement which provided that girlfriend would get the car provided that she was able to get financing in her name?

I really think ex-husband needs to get this out of his name for some reason. If he is upside down, this just can't be done and he needs to realize that girlfriend will need to keep paying until the car is paid off or until the car's value will equal what is left on the loan at which point it can be transferred. He does not want a repo on his record.

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Answered on 1/31/12, 8:53 pm


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