Legal Question in Civil Litigation in California

4 years ago I purchased a car solely under my name and let my then-husband drive it. We have since divorced. I let him keep the car since he was making the monthly payments on it.

Over the past year or so he has continued to fall behind on the payments and the bank is calling me. Numerous attempts have been made to get him to purchase the car from me but it's falling on deaf ears.

I did a quick divorce and no property ownership was defined in the paperwork.

I believe I have a spare key and would like to know if I can just do a personal repossession of the vehicle. The registration is under my old married name which has since been legally changed.


Asked on 1/01/11, 8:44 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You seem to have given him the car, sohow can you now take back what you agree to and did do? Prepare the pink slip and go to his residence to get him to sigh it; tell him ;you wil submit it whether or not he signs. But since you took out the loan on the car you are the only one legally liable to the car dealership or company for the amount borrowed. You might be able to get the money back from him as of the date you told him clearly he must pay for the car [you wee not making a gift of the payments but trying to protect your investment.

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Answered on 1/06/11, 8:54 pm


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