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  1. #1

    Default Divorcing with a Vehicle Payment in One Spouse's Name

    I've been wanting to sell our vehicle (2012 Yukon) that has a major impact on our finances for some time now. It's in my name and I still owe $16k and it's worth $14k. My wife has her own vehicle (Mazda CX7 Paid Off) but stopped driving it because of an airbag recall which has been fixed ...but now she refuses to drive it because the Yukon is nicer, She pretty much hijacked it. Being that she takes our daughter to school I don't mind for that aspect.

    Now that we are about to start the divorce process I'm wondering if a court would grant her ownership of if for some reason. It's in my name and I am the sole $ provider in the family.

    We live in Georgia and she wants to move back to Texas (home) with our daughter.

    Should I just sell it before I file?

  2. #2
    Join Date
    Oct 2016
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    2,083

    Default Re: Divorcing with a Vehicle Payment in My Name. What Should I Do

    It is likely marital property it's value or the money you make from it will be divided as part of the divorce.

  3. #3
    Join Date
    Mar 2013
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    16,121

    Default Re: Divorcing with a Vehicle Payment in My Name. What Should I Do

    Quote Quoting jasonMicahel
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    Should I just sell it before I file?
    Not really a legal issue but, yes, sell it asap.

    Once you file for divorce it will become part of the pending property division.

    While it's unlikely that she will want a vehicle that has payments and is under water on the loan, it's always remotely possibly that the judge will find some reason to award it to her if you two can't reach an agreement. You'll have to sign it over to her but, even if the agreement is that she makes the payments or refinances, you'll still be stuck with the loan if she doesn't.

    Get rid of it now and get the loan paid off even if you have to come out of pocket a couple of thousand then get yourself a cheap driver. Oh, maybe a late model Crown Vic. They are cheap and indestructible.

  4. #4
    Join Date
    Sep 2005
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    Default Re: Divorcing with a Vehicle Payment in One Spouse's Name

    Quote Quoting jasonMicahel
    View Post
    Now that we are about to start the divorce process...
    If you and your spouse cannot communicate and agree on basic issues, such that you can be reasonably comfortable that if you sell your car and replace it she is not going to try to make a claim against the new vehicle, you should talk to your divorce lawyer before acting or wait until your property division is settled or resolved by a court order.

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