Car in spouses name

[fpani]

Jurisdiction

New Jersey

My son was with his wife for 9 years, married for 1 1/2 of those 9, before they married they bought a car for her but since her credit was poor the loan is in his name and it is titled, registered and insured to him. Three months ago she walked out and took the car which she is paying the loan on but will never be able to get a loan for herself. Does he have any rights concerning this car especially since she has already missed a payment and its ruining his credit. He will be filing for divorce shortly.

 

[ElleMD]

It is legally his car. As they are a married couple, who drives it or "pays" the loan is immaterial. Possession and payment are things that can be hashed out as part of the divorce. Right now he is legally on the hook for the payments. Whatever agreement they worked out as a couple has no bearing on his legally binding agreement with the loan company.

 

[fpani]

It is legally his car. As they are a married couple, who drives it or "pays" the loan is immaterial. Possession and payment are things that can be hashed out as part of the divorce. Right now he is legally on the hook for the payments. Whatever agreement they worked out as a couple has no bearing on his legally binding agreement with the loan company.

Thank you for your reply.
Since they do not own and home and there are no children involved do you think it would be wise for him to file papers on his own, or should he go through a lawyer to file. As stated in original question all he is looking for Is an answer to his vehicle problem, he does not wish to take it from her but if she is unable to obtain a loan on her own and unable to make payments he wanted to know if he could legally take possession.

 

[ElleMD]

Legally the car is his but he would be unwise to act on that without consulting an attorney. It is up to him whether or not he wants to file before or after seeking consultation with an attorney. There are any number of ways the car could be handled as part of the divorce.

 

[fpani]

Legally the car is his but he would be unwise to act on that without consulting an attorney. It is up to him whether or not he wants to file before or after seeking consultation with an attorney. There are any number of ways the car could be handled as part of the divorce.

Thank you, I will let him know