Legal Question in Credit and Debt Law in North Carolina
I have a vehicle I still owe money on. It's in my name only since I bought it before I was married. If it were to get repossessed, could the finance company come after my husband even though he is not on the loan?
1 Answer from Attorneys
Anything acquired before marriage is separate property and it stays separate if you did not commingle it with marital assets. Since this is a car, unlikely that it has been commingled. If it gets repossessed, then the car lender will only come after you. The rule in NC is that you are not liable for your husband's debts and he is not liable for your debts, although there are exceptions, like hospital bills.
How much is owed on the car? What other debts do you have? Repossession is not the answer because you will no longer have the car and will still be held liable for the balance. Sales of cars at auction sales held after repossession never bring in an amount near to what the car is worth.
You are better off doing one of these things: (1) filing bankruptcy if you have more than $10,000 in debt (your husband does not have to file with you if he is ok); (2) try to sell the car to someone for the amount owed on the car if you are not upside down on the car note; (3) try to trade this car in for a used car that is not very expensive and roll the amount into that loan (I am not a fan of this as you just get deeper in debt); or (4) bite the bullet and just get this car paid off and then drive it until the wheels fall off.