Legal Question in Real Estate Law in California
My husband got a loan for a car for his ex wife a long time ago, and the car is registered to him. She pays the payments and registration, but refuses to get a loan so that she can take over the car completely. So, he has the debt on his record, and is at her mercy if she doesn't make a payment. Also, she just gave the car to her 17 year old daughter, so now a minor is driving around in a car that is registered to my husband. How can we make her take over her own car!!??
1 Answer from Attorneys
The simple answer is you cannot without filing a lawsuit and getting what is referred to as Declaratory Relief. I'm not even sure that would be available to you because you admit that you agreed to this situation in advance. Unfortunately, the time to avoid this mess was before it was ever started. Once in place, absent their agreement, you are probably stuck until such time as she pays the loan off.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."