My husband financed my car in his name because of my credit. I paid the money down and make the car and insurance payments.

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My husband financed my car in his name because of my credit. I paid the money down and make the car and insurance payments.

Will I still be able to keep my car after the divorce even if I cant put it in my name?

Asked on August 7, 2018 under Family Law, Georgia

Answers:

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

Answered 3 years ago | Contributor

So you and your husband can agree to divide your assets in any way that you choose in a marital settlement agreement.  You can agree that the car will be yours and you will continue to make the payments, etc.  What happens, though, is that spouses don't like when ex-spouses have some control over their credit in these types of situations.  And you would need to look at the financing agreement but I can pretty much be sure that he can not transfer it to you under the terms and "selling" it to you would require he pay the car off.  Could you bargain an asset for the funds to have him pay it off and then transfer title to you free and clear (once he receives a satisfaction of the loan)?  Say if there are funds in a savings account?  Speak with an attorney on your options.  Good luck.


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