Car Loans and Divorce Modification

Question

My Ex-Wife got the car in our divorce, but I am still the primary on the auto loan. What are my rights to the vehicle?  We have been divorced for over a year and I am wanting to purchase myself a new vehicle, but I don’t think I will qualify because this loan is already tying me down. She and I have no contact. I thought I was the co-signer on the loan, but after contacting the bank regarding the situation, I have been informed that I am the primary on the loan. My ex has the vehicle and has been making the payments regularly, but it is in my name. Since I am the primary, am I legally able to take ownership of the vehicle? If not, what are options for forcing her to refinance the loan and get me off of it? I don’t want to default on the loan, but I will if it comes down to it. Thank you.

Answer

It is correct that you would need to file a Petition to Modify the Decree to get the relief you are seeking. However, I do not think that you have a basis to modify. To modify, you need a change in circumstances. If she is paying the loan, there is no reason for the court to help you. You agreed to this even if it was mistaken. Without her defaulting on the loan, there is no change and filing in court would be a waste of your time. Hiring a lawyer is going to cost you money for no likely chance of success. You will have to finance another car by other means.

Cameron JohnsonCar Loans and Divorce Modification