New car in both our names

[Marcmurray]

Jurisdiction

Colorado

My wife and I purchased a new car in January. I earned enough to make the payment but she had the credit to get the loan. We filed March 13 for divorce, child support is $640, and temp maintenance $550. She has the car and I cannot afford the payment now. She is primary on the loan, she won't let me use the car at all, do I have to continue making the payment?

 

[adjusterjack]

My wife and I purchased a new car in January. I earned enough to make the payment but she had the credit to get the loan. We filed March 13 for divorce, child support is $640, and temp maintenance $550.

Didn't you address the car in court when you addressed the CS and maintenance?

She is primary on the loan,

No, she isn't. If you are both on the loan, you are both equally obligated to the lender. If you are both on the title you are both equal owners.

she won't let me use the car at all, do I have to continue making the payment?

No, of course not. You can choose not to. But there will be consequences. If she doesn't pay it and you don't pay it, the lender will repo the car, trash your credit and sue you both for the deficiency balance after selling the car at auction for a lot less than you owe.

You can petition the court for a decision on the car but understand that the decision will not be binding on the lender, just on you and your wife. If the judge says she pays for it and she doesn't, the lender will still come after the car and you but you'll have recourse against your wife for indemnification.

By the way, if you are both on the title and you have a key, you are free to go get the car if you want to play dirty and ignore the old saying "Hell hath no fury, like a woman scorned."