Legal Question in Family Law in Iowa

My wife and I took out a loan for a 2nd vehicle so she could have her own car to use which was much more expensive than our normal price range for a car, 2 weeks later we separated. We agreed I would take the truck (the first $4,000 vehicle we had) and she wound take the car (the new $10,000 vehicle). I kept up with the payments for the truck I had possession of, she never once made a payment on the car she had possession of. 6 months later the bank reposesses her car, so she comes to my residence and steals my truck at around 3 am. 1 year later she still cant make any payments on the truck either. The bank cant reposess the truck because she fled to st. louis from cedar rapids, ia so noone can find her. Now while doing the divorce process and trying to agree to who pays what bills, she expects me to pay half of a very expensive vehicle that i never touched, drove, or had possession of. I was always told possession is 9/10 of the law, how does that law pertain to who is responsible for the remaining balance of the vehicle loans?


Asked on 3/18/11, 12:19 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

The problem you've got is proving the existence of the agreement to each take their own vehicle. However the answer to your question is an energetic lawyer.

Also, don't think that the bank won't make every effort to repossess a vehicle. I'm quite sure they'd like to know where it is.

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Answered on 3/18/11, 12:47 pm


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