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  1. #1
    Join Date
    Aug 2015
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    2

    Default Can't Refinance a Car Due to Ex-Spouse's Debt

    My question involves a marriage in the state of: California

    Good morning!
    In our divorce I was awarded our car. The ex-husband and I agreed upon it. The car loan is not in my name. It's in my ex-husband and his friends name. Within the past 3 months I have tried to get financed so I can put the car in my name and I have also tried to trade it in for something newer and more reliable. I was denied for personal loan, an auto loan, and etc. (even with my dad co-signing who has good credit). I looked into why I was being denied. It turns out my ex-husband stopped paying the rent (we lived in base housing and he's military) from December 15-31 and January 1-31 and pocketed the money. Since I was on the lease I'm now in collections for $3000+. Due to being in collections for that amount I can't secure any type of loan. It's impossible for me right now to get the car in my name. The car needs repairs done on it (so I can sell it private party) but due to being in collections I can't secure (even with a co-signer) a small personal loan. My dad went and financed a car for my children and myself. So we would be in something reliable and safe. I have been told by the banks and dealerships that had I not had the $3000+ collection I would have been able to get out from the said vehicle. My ex-husband is taking me back to court since I missed a payment on the car. At that time I was wanting to ask the judge if he could reverse the judgment on the car. I have tried everything I can do.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Can't Refinance a Car Due to Ex-Spouse's Debt

    You want to ask the court to make what change to the judgment? What do you believe "reverse the judgment" to mean?

    Your difficulty refinancing the vehicle does not justify your defaulting on the loan. Make your payments.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can't Refinance a Car Due to Ex-Spouse's Debt

    Quote Quoting Mr. Knowitall
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    You want to ask the court to make what change to the judgment? What do you believe "reverse the judgment" to mean?

    Your difficulty refinancing the vehicle does not justify your defaulting on the loan. Make your payments.
    The loan is not in her name. I would suggest just giving the car back to the ex. Let him deal with it.

  4. #4
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    Default Re: Can't Refinance a Car Due to Ex-Spouse's Debt

    Quote Quoting llworking
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    The loan is not in her name. I would suggest just giving the car back to the ex. Let him deal with it.
    The car was awarded to her in the divorce, and she has told us that she is responsible for the loan -- she is supposed to pay off the existing loan and refinance it into her own name. Even if the judgment does not explicitly say so, and I suspect that it does, she will be expected by the court to make the loan payments pending refinance. "Giving the car back" won't free her of her obligations under the judgment or allow her to avoid a finding of contempt.

  5. #5
    Join Date
    Aug 2015
    Posts
    2

    Default Re: Can't Refinance a Car Due to Ex-Spouse's Debt

    I'm wanting to ask the judge in giving the car back to my ex-husband. I wouldn't be in this difficulty had my ex-husband done the right thing by paying the rent. I had nothing on my credit except for a doctor bill until the $3000+ hit my credit. So it's ok for my ex-husband to put me into collections as to where I can't do a thing to get out from this car? He is refusing to do anything to take care of the collection. I can understand if I put myself into collections I would be in the wrong and wouldn't be on here seeking advice. Had I known what he was going to do I would have never agreed to take the car (hindsight is 20/20, right). The judge was not aware that my name was not on the loan or that it was just my ex-husband and friends name on the loan.

    Does it matter that the rent he didn't pay (reason why I'm in collections) was taken out from the child and spousal support? He deducted the full months rent from the child and spousal support even though only 1/2 was paid in December and he also deducted the full months rent of January from the child spousal support even though he didn't pay rent for January.

    - - - Updated - - -

    Quote Quoting Mr. Knowitall
    View Post
    The car was awarded to her in the divorce, and she has told us that she is responsible for the loan -- she is supposed to pay off the existing loan and refinance it into her own name. Even if the judgment does not explicitly say so, and I suspect that it does, she will be expected by the court to make the loan payments pending refinance. "Giving the car back" won't free her of her obligations under the judgment or allow her to avoid a finding of contempt.
    On my papers it says: Each party shall be responsible for any debts associated with property that party has been awarded. Each party shall execute any and all documents required to carry out any division of property listed herein.

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