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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Car Payments and Repossession During Divorce

    A man in Illinois has filed for divorce from his spouse. They have been separated for two years. The wife has a vehicle with a car loan, and it's in her possession, but she hasn't made a single payment since they separated. The lender wants to repossess the car, but they can't find it. How can the husband get the car turned over to the lender for repossession?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Car Payments and Repossession During Divorce

    If both parties are participating in the divorce, then he can seek an order from the divorce court requiring that the loan be made current (if possible) or that the vehicle be surrendered. He can also explore the possibility of paying off the loan out of the marital estate, with the amount being taken into consideration when the final distribution is made, such that the loan is paid off while his wife keeps the car. The husband would benefit from working with a divorce lawyer, if he's not already doing so.

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