Legal Question in Credit and Debt Law in Georgia

First of all, if you are in a divorce, it is essential you have a lawyer. That makes me wonder why you asked this question here. Divorces without lawyers tend to be very problematic.

The answer to the question depends on (1) if you cosigned, and (2) if the judge orders you to pay the debt.

Divorce law is not the same as creditor/debtor relations. As suggested by Attorney Ashman, you need a divorce lawyer. The car may be marital property and to the extent there is equity in the car it would be foolish to let the car be repossessed. However, if the car is worth less than what is owed, maybe it would make sense.

The problem with marital property is that the family court gets to equitably (fairly) divide up the marital assets as well as the debts. That means that regardless of whose name is on it, it may be that the family court can order you to pay for the car. I am not suggesting that is what will be donem but I don't know what other assets and debts there are, if there are any minor children and a whole host of other factors that would be relevant. That is why you need to hire a family law attorney.

Creditor-debtor law provides that regardless of what the family judge does or does not order, the debt is the primary responsibility of the person whose name is on the loan contract. So if the car loan is solely in your wife's name, then she is liable. You would only be responsible if: (1) the car were awarded to you in divorce and you want to keep the car - in such case, you have to keep paying for it somehow; (2) if you are listed on the title and want to keep the car; or (3) you signed the car loan as either a co-borrower or co-signer.

And it doesn't necessarily matter whose name is on the title. What will matter is whose name is on the loan. If only wife is on the loan, then she can pay or not as she chooses.