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Need advice for a friend who has divorced

Discussion in 'Off-Topic Discussion' started by MattN03, Jan 1, 2010.

  1. Jan 1, 2010 at 2:42 PM
    #1
    MattN03

    MattN03 [OP] Well-Known Member

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    A friend of my wife & myself recently got a divorce. Our friend has her ex-husbands car in her name because she had a better credit score. Now, after the divorce, he still has the car, and she's having to make the payments since it's in her name and he has no money and she doesn't want to ruin her credit score. Is there anything she can do to force responsibility of payments on him and get it out of her name? She doesn't have much money for a lawyer and she wants to keep it civil since he has visitation rights to their <1 year old daughter.

    My wife & I are really frustrated about this deadbeat not paying for a car he is driving, but don't know what she can do about it...Also, he is currently working at office supply place or something so he has at least some income-not sure if it's enough to cover rent, living, and car payment though...

    Has anyone ever been involved in this type of situation and could offer advice?
     
  2. Jan 1, 2010 at 2:51 PM
    #2
    GSB

    GSB Well-Known Member

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    If the car is in her name it is hers. She needs to get it and sell it if she does not want to pay for it. If his name is not on it, he has no legal claim to it.
     
  3. Jan 1, 2010 at 3:03 PM
    #3
    MattN03

    MattN03 [OP] Well-Known Member

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    From my understanding, her name is the only one on it. She's afraid of the recourse because of their baby if she tried to get it. I wish there was a civil way to force him to take over payments or give her the car. Of course, he says he can't give her the car because he couldn't get to work...
     
  4. Jan 1, 2010 at 3:06 PM
    #4
    hendooman

    hendooman The Stroker Ace

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    I would suggest having your friend talk to their financer, they might have some ideas.
     
  5. Jan 1, 2010 at 3:08 PM
    #5
    WNYTACOMA

    WNYTACOMA Well-Known Member

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    Depends on whether she wants the vehicle.

    If she doesn't want it and is just trying to get out from under the payments, he should be either given a choice to pay her in a timely manner each month PRIOR to her making the payment for the vehicle, or she will take the vehicle. This way, it would be his 'fault' should she have to take over the vehicle

    While she doesn't have to spell it out in the interest of remaining 'civil', she can take possession of the vehicle while accompanied by a cop if necessary. She would them be free to do what she needs to do with the vehicle.
     
  6. Jan 1, 2010 at 3:08 PM
    #6
    05 TRD Sport

    05 TRD Sport She's Fat, I'm Drunk, It's On.

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    <<<<< post#200. Yeah, she needs to get the car out of her name. If anything happens (wreck) that goes over limits that insurance will pay (or if he drops insurance), the owner of the car will be liable, not the driver.This should have been handled in divorce court. I think the only way she's going to get out of the financial responsibility is going to be refinancing by him. She signed a contract stating she'd make payments. No way out of that one. Damn can of worms.
     
  7. Jan 1, 2010 at 3:15 PM
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    Slotback

    Slotback Triple Option

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    What was the fine print in the divorce decree? If the judge awarded him the vehicle, then it should also state that he is responsible for it. If that is the case she can probably take a copy of the divorce decree to whomever owns the loan and get that changed. It is a PITA, but it can be done.

    She may need to talk to a lawyer anyway.
     
  8. Jan 1, 2010 at 3:57 PM
    #8
    MattN03

    MattN03 [OP] Well-Known Member

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    I'm not sure. My wife talked to her earlier today and it didn't sound like it was worked out during the divorce. Personally, I would have made sure debt responsibility was worked out for the divorce was final.
     
  9. Jan 1, 2010 at 4:18 PM
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    Taco-NB

    Taco-NB MMMMM Taco's

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    +1. If it's in her name, she needs to tell him that she can't make the payments and she is going to sell the car. I can understand that she wants to keep things civil but I'm sure that she can't afford or doesn't want to keep making his payments. He may have a problem with this at first but, if he's a decent human being, he should soon realize that it's time to sell the car.

    Hope it all works out for her.

    Cheers.
     
  10. Jan 1, 2010 at 4:25 PM
    #10
    JeffRock

    JeffRock Well-Known Member

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    Lesson 1. Don't get married..
    Divorce is a pain.
    In the last three years, I have seen three couples i know go through divorce. It's a royale screw fest which brings out the ugliest sides of these people i know.
     
  11. Jan 1, 2010 at 4:32 PM
    #11
    silverback

    silverback Well-Known Member

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    report the car stolen, why not. Or tell her to burn it in his driveway and dont get caught. Insurance pays, shes out of her payments, he no longer has the car. If it goes well he might believe it was someone else.
     
  12. Jan 1, 2010 at 4:38 PM
    #12
    SOSHeloPilot

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    .

    I am NOT a lawyer.

    With that said, IF it is in her name. She has the right to have it REPOed. Just hire the "REPO Man" and have them pick it up. And if she has a set of keys, it will be much easier and cheaper for the repo man.


    If she does not have a set of keys, she can get a copy made from a Toyota dealership with her proof of ownership.


    This is really a simple fix. IMO, I would grab the truck first without and discussions and later when she is in the position of power, she can talk to him.

    If she talks to her Ex first, he can destroy the truck (brake fluid in gas & etc.). He should just give it back, since he has not, she should just take it back with no questions asked.

    Just my opinions and what I would do, but I am NOT an attorney.


    PS ... With a set of keys, you can get it REPOed for $250.00 or less, if she talks to the REPO guy.

    .
     
  13. Jan 1, 2010 at 4:43 PM
    #13
    Brunes

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    Somehow I have a feeling that civil and unsaddling her from the debt aren't going to happen at the same time.

    It sucks...but she either has to keep paying and keep it friendly- or go to her lawyer and read thru the divorce agreement- I have a hard time believing something like a car isn't pretty specifically outlined there.
     
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