Legal Question in Family Law in North Carolina
I live in North Carolina and will be starting the divorce process soon. My wife and I have a joint loan for our only car, and she thinks that if she pushes for it, the court could actually award her the car, but leave me responsible for paying for it. Would a judge actually do this? Would it even be possible or legal for my wife to be the registered owner for DMV purposes and maintain insurance if she isn't even the person who's name is on the loan (I plan on refinancing in my name only)? This seems really backwards and almost illegal. My wife doesn't work right now, but due to my job, the children might end up living with her, so she feels that the court could have sympathy towards her and award her the car, leaving me with the payments of it. Thank you for the help.
1 Answer from Attorneys
Whose name is on the title to the car, not the car loan? If your name (or your wife's name) is not on the title, then she cannot get insurance on the car. You could get insurance and list her as an authorized driver though.
Would a judge award her the car? Could be. Depends on what other assets you have, what the car is worth and how much is owed on it, none of which I know. I also do not know if she is entitled to alimony or spousal support and it she might take the car in lieu of that.
The problem with the loan is that the car lender will not like it if you give up your rights to the car and they have no recourse against you. My guess is that she might be ordered to get it financed solely in her name if she wants it.
You need to speak to a divorce attorneey before you do anything, like re-finance, the car. The attoney can go over your marital assets and debts and help you decide on the best course of action.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
