My ex wife retained a vehicle in a divorce settlement, even had a restraining order preventing me from keeping it The vehicle is in my name and now she has filed for chapter seven. Can anyone tell me what I should do, if I have any recorse at all. The vehicle is in Indiana with her and I live in Tennessee.
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Hi,
Interesting....with this you didn't move to have your name removed from the auto loan as a condition in releasing the vehicle to your ex-wife? This is standard protocol.
Do you know if your ex-wife has been current on the car notes? Does she plan of keeping the vehicle, or does she intend on surrenduring it? Your best recourse at this stage is to contact the lien holder, and explain your situation and your intended actions to them - you'll of course want to articulate a plan that is mutually favorable. This can be cost-effectively done yourself, or via an experienced attorney. Since you two are still legally/financially responsible for the vehicle, you can simply move to salvaging the vehicle youreself, to be resold etc.As a method of maintaining your credit, if it already hasn't been gigged, from your ex-wife not staying current on the car notes.
My response is short, so let me know if I need to clarify or add anything.
Good Luck!The information provided is not, and should not be considered legal advice. All information provided is only informational and should be verified by a law practioner whenever possible. When confronted with legal issues contact an experienced attorney in your state who specializes in the area of law most directly called into question by your particular situation. -
she tried to get a loan but could not because of her credit. I tried to get possesion, but like I said I was restrained from doing so. My credit has been messed up because she did fall behind. One of the biggest reasons for not wanting the vehicle is because it is about $8000 upsidedown, which was also a reason for her to not get refinanced in her name. she has listed the vehicle in her chp7 and does not want it. I have not seen the vehicle in over a year and I have never made a payment on it.Comment
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Although it hardly seems fair at all, it does sound like you'll be held responsible for this car loan. Your name is on the loan and you didn't manage to get it removed or refinanced solely in her name, so with her taking BK #7, that leaves you as the only person the finance company can pursue for the money.Comment
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