Car was written off. I am on the title but not the loan. Do I have to pay the difference to my ex?

UPDATED: Sep 18, 2017

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Car was written off. I am on the title but not the loan. Do I have to pay the difference to my ex?

Crashed my car the day of my ex’s dad’s death. Wrote it off.
Ex and I broke up. There is still an outstanding balance on the vehicle. Both our names are on the title of the car, but his is the only one on the loan. Am I responsible for paying the difference at all?

Asked on September 18, 2017 under Family Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you do not have to pay him (or the bank/lender/financing arm) anything if you are not on the loan *unless* you executed some other agreement to pay--for example, if you had a written agreement or contract with your ex that you pay some portion of the loan in exchange for him putting the loan only in his name. If there was such an agreement, it is enforceable; otherwise, you do not have to pay.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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