Can I get in trouble if I return a car to the dealer since my ex is not cooperating with me and making the car payments?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I get in trouble if I return a car to the dealer since my ex is not cooperating with me and making the car payments?

My ex-husband promised to make the car payments but is already behind in payments and I cannot make them. He is not cooperating with me when I call and just hangs up on me. The car is in both of our names and we financed the car during our marriage. I still have a spare key. Will I get in trouble if I take the car to a dealer that buys used car without him being there? My main concern is getting my name off of the car and not hurting my credit score. I know my options are to get the car repo, voluntary repo, to get a 3rd party cosigner, or sell the car to a dealer.

Asked on June 5, 2012 under Family Law, California

Answers:

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

Answered 9 years ago | Contributor

One really needs to review your marital settlement agreement before one can answer this question.  Were you awarded the car in the divorce?  As part of your distribution?  Was he supposed to sign over the title when it is piad off?  Right now he is in violation of the agreement and probably in contempt of court.  I would not turn the car in though.  I would go back to court and ask the judge to allow you to turn the car in.  This way you are protected.  Good luck.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption