[oteca]

My question involves an auto loan or repossession in the State of: NC & GA

I am separated from my husband and the only issue is co-ownership of a truck.

In NC you have to wait a year before you can file for divorce. I can file for divorce after April 18, 2009. In the separation agreement he agreed to take responsibility for the truck and car loan - the loan and truck are in both our names.

We purchased the truck in NC and he has returned to GA since the separation (where he was originally from). He took the truck with him. The truck is still registered in NC and the registration has since expired. Througout this year he has made late payments and in February there was a notice to repossess the truck. He made two payments since February to get the payments caught up but has not made any payments since so the truck is now at the stage of repossession again.

Since he moved to GA, he has changed his phone number and the only way I have to contact him has been an email address. He has made no attempt to keep me informed unless I contact him first. I have not heard from him since February and he is not returning my emails.

I have been in contact with the loan company and told them the situation. At this point, I have no idea what recourse I have. I am a single mother and cannot take on this loan. What should I do? Let them repossess the truck and take it as a loss on my credit? Or does it matter that I will be able to file for divorce at the end of April and the truck will be community property in the divorce settlement? Is there anything I can do to protect myself?

[OhMy]

Since you signed the loan you are responsible for full repayment. They lender will not care about a divorce stipulation.

If they repo the vehicle, they will sell it off at auction and then sue both of you for the deficiency. There is not much you can do about this other then make the payments and then sue your soon to be ex for the money back.