Can I give back an auto that’s not in my name and not have my ex sue me?

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Can I give back an auto that’s not in my name and not have my ex sue me?

When my ex wife and I divorced she made me take responsibility of an auto loan that’s not in my name. She now wants it my name but I can’t because my credit is bad but its getting its for me to pay for and she won’t help. Can I give it back to her without her taking me to court?

Asked on April 27, 2012 under Family Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are in possession of a car that is not in your name, then technically you do not own it under the laws of all states in this country, the registered owner does.

The key to your question is what does your presumed dissolution agreement say concerning the car loan and the car? You need to carefully read the assumed dissolution agreement and the court order regarding it.

If you do not want the car in your name, then you are under no obligation to place it in your name. From what you have written, I suggest that you consult with a family law attorney to review your dissolution agreemnt and assist you further concerning the car issue. If you are not obligated under court order to pay the loan on the car that you are writing about, I see no reason for you to continue payments on it if you no longer desire to do so.

If you want to return the car to its registered owner, you should do so.


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