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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Rights to a Car After Deviating from a Divorce Judgment

    When an Ohio couple divorced, they agreed that they would each receive one of their two cars, and that they would each be responsible to transfer the car into their own name and to refinance the car. After the divorce, the ex-wife could not get a car loan, so the ex-husband agreed that she could keep the car loan they had obtained during their marriage as long as she made all of the payments. She has made the payments for several years, without any missed or late payments, and the car is almost paid off. Her ex-husband has announced that he is going to come and get the car, because his name is still on the title. Can he take her car?

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

    Default Re: Rights to a Car After Deviating from a Divorce Judgment

    If the car is almost paid off, perhaps she can afford to pay off the balance or can now refinance the remaining balance, and transfer the car into her own name consistent with the divorce judgment. If the loan is paid off, or refinancing is available subject to her receipt of her ex's transfer of title to her, and he won't cooperate then she can take him to court to enforce the judgment.

    Technically speaking, if he's on the title as a co-owner he has the rights of an owner -- but if he were to take the car she could take him to court for violating the divorce decree. Although in a technical sense, she also violated the decree by not refinancing the car right away and transferring it out of her name, as she deviated from the decree with her ex's permission the court should not see that as an issue.

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