What are my rights to repossession of a car that my soon-to-be-ex-wife refuses to make timely payments on?

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What are my rights to repossession of a car that my soon-to-be-ex-wife refuses to make timely payments on?

Wife and I seperated 5 years ago; the car is solely in my name. We agreed that payments were to be made by due date by her giving me the money and I would then pay. She was 15 days late last month and has yet to pay this month (20 days late). I took the car back into my possession. Does she have any recourse on me doing this?

Asked on August 23, 2011 Pennsylvania

Answers:

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

Answered 10 years ago | Contributor

Well, depending on what your separation agreement says she could indeed have recourse.  We need to establish some things here.  First, was the car yours prior to marriage? Generally is an asset is purchased during the marriage with marital funds (pay is considered marital one you are married) then it is marital property and it does not matter whose name the asset is in. If you agreed to give her the car and you took it back then you breached the agreement and she can come after you for that.  Yes. I know: your credit score.  But you should have thought of that 5 years ago.  Get some legal help here.  Good luck.


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