Legal Question in Family Law in North Carolina
My wife and I are getting divorsed and we have a vehicle that we are both co-owners and still making payments on. I am leaving her with the vehicle but would like to have her refinance so she can be the sole owner and I can get part of what the vehicle is worth. Are there any legal actions that need to be done, or can we just handle this through the banks and dmv?
1 Answer from Attorneys
It can be done privately, but, I don't know the value of the vehicle, how much is still owed on it or whether your wife will qualify for a loan in her name on the remaining amount. You should not sign over your interest until you know that the loan will be taken out of your name. Since the lender still has the title, you will need to talk to the lender to get them to release the title to the DMV so that it can be recorded solely in your wife's name and returned to the lender. If all this can be worked out with the lender, well and good.
But if your wife cannot get a loan on the car, will she qualify for a personal loan of any kind? If the answer is still no, you still need to figure out what the car is worth, how much is owed and the value of your shares. In such case, you will have to make sure there is an agreement in place and that she pays as it will screw up your credit if she does not pay.
You don't address what other assets you have or their respective values. if you insist on doing this yourself, as long as you both sign and notarize any kind of marital agreement, its valid provided that both of you made full disclosure of assets/debts to each other. Most attorneys will not draw up an agreement representing BOTH of you as the attorney will have to withdraw if a problem arises. However, it would be better if an attorney drew up the marital settlement agreement for you to make sure that it included all of the things that need to be covered.