Can I Surrender Ex's Car If Loan Only In My Name?
In my divorce decree, it was ordered that my ex would get the car that is registered to both of us but the loan is solely in my name. It states that I am to continue making payments until car is paid off. When going over numbers and assets with lawyer, he asked me if I wanted to keep the car. I explained I didn't think I could because of divorce decree. He asked again, did I wan't to keep the car. I said no. He said I could definitely let the car go back since I could no longer afford to pay for it and was filing a Chapter 13. Has anyone else done this?
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Same answer. If the required payment is "in the nature of support" and you do not continue to make the payment or pay the vehicle through your Chapter 13 Plan, your ex can object and ask the court to force you to pay. If it is a property settlement, surrendering and therefore not paying, is not a problem.
Go back to your attny and specifically discuss what is and what is not "in the nature of support".
Des.
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