Can my husband take my car or force me to sell it?

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Can my husband take my car or force me to sell it?

A month before we were married, we purchased a car for my use only; he was primary and I was the co-signer. Now we are separated and he is demanding it out of his name. I just refinanced our house to be in my name only, and because of this new debt-to-income ratio of mine, I am getting denied for any kind of financing. He is now threatening to come and take the car or take me to court to force me to sell it. I owe $18,000 on it yet and it is only worth about $15,000. I have been paying for it out of my own account for almost a year now and have never been late.

Asked on September 23, 2011 under Family Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

And the car's title is in whose name: yours, his or both?  That matters here as does what ever agreement that you have in writing on the matter.  It is unclear from your question that you have any property settlement in writing but if I am incorrect, what does it say on the issue of the car?  Is it to be considered yours?  Do you have to refinance it out of his name?  I think that you need to speak with an attorney in your area as soon as you can.  If you have been doing things just on say so and with out any real agreement signed I would be worried.  And if you can not refinance the car then maybe you have to think about alternatives.  Good luck.


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