If my ex-husband has the car that is in my name but he’s affecting my credit due to late payments, can I take the car back?

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If my ex-husband has the car that is in my name but he’s affecting my credit due to late payments, can I take the car back?

In our divorce documents, we put nothing about the car in there. There is only a notarized paper stating that I will not attempt to take the car once it is paid off.

Asked on November 20, 2012 under Family Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately for you there is nothing in writing between you and your "ex" per the dissolution agreement that you two have giving you any recourse as to the car given the facts that you have written about. The key would have been to have some language in the marital dissolution decree giving you some remedy in the event of non-payment on the car's payments.


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