Legal Question in Real Estate Law in Florida

voluntary repossesion

i am getting divorced and i have a vehicle in my name and cant afford the payments. i want to turn in the car but my spouse has taken the car and will not let me turn it in. he is listed as a co-signer on the loan. i'm concerned about being responsible for any thing that happens to the car. it is registered to me also. is there anything i can do


Asked on 6/24/07, 3:12 pm

2 Answers from Attorneys

Johm Smith tom's

Re: voluntary repossesion

Your attorney may be able to get a court order obligating the other spouse to return the car to the dealer unless they can qualify on their own. That would protect you.

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Answered on 6/24/07, 7:39 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: voluntary repossesion

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Just because you turn the car in does not mean you have no further obligation unless the lender agrees. Is it possible that your husband is trying to preserve the credit of both parties by keeping the car and making the payments?

This issue should be addressed by the court in your dissolution of marriage. You should discuss this issue with attorney if you are represented by counsel.

Scott R. Jay, Esq.

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Answered on 6/24/07, 9:21 pm


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