Legal Question in Credit and Debt Law in California

Carless:

The delima that you face is similar to many of my client's. Queery, as part of the seperation do you have a written agreement that your ex will take the vehicle and make the payments? If so then you probably can not take the car back unless she fails to make payments. If she continues to make the payments it is only benifiting your credit, since she was the co-signor, and will hurt your credit if she fails to make payments. The lender will probably not help as long as the payments are being made.

You could file an action for return of the car or to require her to refiinance. However, if she will not qualiy on her own then the only option would be to return the car early, which would probably cost $$ because of the deminished value, or the car would come back to you.

At this point the best bet is probably to just notify the lender of your new contact information and be sure that they let you know when if the laon goes into default.

Good luck.

You can get an order as part of your divorce that she refinance the car, if that would be possible. Otherwise Mr. Simons is correct. All you can do is get an order in the divorce that she gets the car and she make the payments, keep on top of it, and take court action if she fails to pay as ordered.