What to do if I’m separating from my ex and we own a car that is jointly in both of our names?

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What to do if I’m separating from my ex and we own a car that is jointly in both of our names?

The loan company cannot take his name off nor refinance it in my name only. The car is currently being hidden from me and he is not making the payments on the car and the finance co is calling me. I am willing to make the pmts once i have the car in my possession. I have been told that I can get another loan at a bank, etc and pay off the loan in order to take his name completely off of the car all together. I need to know how to go about doing this. I also need to know, once it is in my name only, how i can get him to forfeit the keys that he has to the vehicle that would then be in my name only. If this will not work, what are my options?

Asked on January 3, 2013 under Bankruptcy Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your "ex" will not cooperate with you concerning the car that is still being financed that is in yours and his name, then your recourse is to file suit against him where the car is to be sold and the proceeds divided much like a partnership dissolution action. I suggest that you may wish to consult with a consumer law attorney to assist you in the endeavor.


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