Would I be breaking the law if I let my car go back?

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Would I be breaking the law if I let my car go back?

My car is in my ex-husband’s name but in our divorce I have power of attorney to transfer motor vehicle. I can no longer afford the payments. If I let it be reposed could he take me to court and force me to pay the owed amount or put it on my credit instead of his. He was suppossed to pay medical bills and hasn’t that are in my name and is suppose to pay half of new medical bills and refuses. I can’t afford to take him back to court at this time because of the high car payment.

Asked on July 11, 2012 under Family Law, Texas

Answers:

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

Answered 8 years ago | Contributor

Yes, in an indirect way.  You are not breaking any laws on the books per se, but you are breaching your contract or agreement with him.  Now, you could make the argument that he has already breached the agreement by his failure to pay the other expenses so the agreement is now null and void - and erally a judge has to make that determionation but that is the stand I would take - so the rest of the agreement must also fall.  Can you see if legal aid or any pro bono (free) law service can help?  Good luck.


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