Legal Question in Family Law in New York

I took out an auto loan for my husband because he couldn't get approved for one. We are now separated and he isn't making the payments. I can't afford his car and my own and I need to know how I can get my name off the loan or the car from him legally. The plates are registered to him only.


Asked on 4/07/14, 10:29 am

1 Answer from Attorneys
Paula McGill Attorney at Law

You cannot take your name off the loan unless and unti the court order him to refinance the loan or you pay off the loan. If you file for legal separation or divorce, as part of the decree, the court can order your husband to pay on the loan. As an alternative, the court can order him to sign the car over to you so you can sell the car. In the future, don't take a loan for anyone (spouse, child, or friend) unless you have the funds to make the loan payments should the person default.

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Answered on 4/08/14, 11:40 am


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