What can I do about an ex-spouses having a car that is under both our names repossed?

My ex-spouse was awarded one of our vehicles that we bought together. Since the divorce she has not made payments on time. The bank has called me saying they are going to repossess the vehicle if the payments are not brought up to date. What can I do here? Is there anyway to stop this from tarnishing my credit anymore? If I pay for the car can I legally take back possession of it?

Asked on December 5, 2011 under Family Law, Arizona

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Here is the problem. Even if the court awarded your ex one of the cars, and this is the car that happens to be in both of your names, it doesn't mean that the lender of your motor vehicle loan would be happy to oblige. You need to have the ex refinance the car in the ex spouse's name only. If this is not possible, you do have a legal obligation to mitigate your damages, so you can simultaneously bring a motion in the court to amend the decree to allow you to take possession of the car and continue to make payments or order any payments or monies that would or will normally go to the ex spouse be deducted concerning these payments you now need to make.


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