Legal Question in Family Law in Indiana
My wife and I divorced a year ago. The only property she wanted was a 2007 Kia Soento. She is not making payments on time. She is always 30 days behind. She will not communicate with the bank on this matter. She avoids all calls from them. I am called on a regular basis by the bank. I am called daily until they get a payment from her and then the process starts all over again. The bank is always very understanding about the situation and I also understand that my name is still on the loan and I am responsible for the loan. Both our names are on this loan. The car is registered in both names. She has offered the car to several family members, they would take over payments with the loan remaining in our names. I want the car to sell so I can be romoved from this situation. She said she would do that but has not followed through on this. Can I legally take the car?
1 Answer from Attorneys
Probably not. However, without looking at the language of the Decree, I cannot be definitive.