Legal Question in Real Estate Law in Louisiana

My husband and I are separated and live in the state of Louisiana. About six months before we separated we bought a Harley Davidson motorcycle. I paid half of the price ($4000.00) up front in cash and he was to get a loan for the other half. He could not qualify for the loan because of bad credit history, so I got the loan in my name with him as co-signer. The bike was put in his name only since he was going to be the only one of us driving it. The loan manager asked whose name we wanted it in and I said to put it in his name. He has not made a payment in 4 months on the loan even though he has the bike. The bank was going to repossess but he wrecked the bike and had no insurance. The attorney for the bank says I have no legal right to the bike since it is solely in his name. If they charge off the loan and we end up in court, they are also telling me that his income cannot be garnished since he is on SSD. Is it true that I could end having to pay 7000.00 of the original 8000.00 we paid for the motorcycle, but have no right to take the bike?


Asked on 1/28/11, 2:31 am

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

It doesn't matter whose name the vehicle is registered in. If it was purchased during the marriage, it is community property and you each own 50% of it. That means you have as much right to it as he does.

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Answered on 1/28/11, 5:49 am


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