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I separated from my mentally/abusive husband and now he refused to pay the last few payments on my car?

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I am trying to pay my last $1000 off on my car, though I pay late and most of the times I am not able to pay the entire car note. But I do pay something. Because I have to pay rent at the apartment that we are staying at. I have tried and talked with the people (where I had the loan from) but they are threatening to come and get my car. My husband is not helping me at all, he is not even helping me with any funds for our children. He told me that he want my car repossessed. The car is in his name and can stay, because we bought this during the marriage. Can they take my car away?

Asked 11/11/2009 under Divorce, Marriage, Alimony | 238 View(s) | More Legal Topics

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B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney Answered 2 years ago | Contributor

You need to file for child support, and I'd suggest you do that tomorrow morning.  That will be the fastest way to get some money from your husband;  until you have a court order, he doesn't have to give you anything.  "Fastest" won't mean next week;  there will have to be a court date set, so that your husband has a chance to say why he shouldn't have to pay if he wants to make a fool of himself, and so the court can look at your income and his, and decide how much he will owe.

If you don't pay the loan, they can indeed repossess the car.  You may not be able to stop this;  however, if you file a divorce complaint, it's possible that you could get a court order requiring him to make the payments, and put the car in your name.

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