Legal Question in Family Law in Texas
Can I take possesion of vehical in both our names is she is not paying?
Me and my wife have seperated. I havent filed for divorce yet but will soon, before we got married we bought a car and it is in both of our names. Her name is first on the title mine is second. I made the downpayment and every payment since the serperation. She has not made a payment and she is almost 2 months behind. Is there any way I can legally take possession of the vehical and I keep the payments up? Would I have to file divorce first? Or would it be a serperate matter?
1 Answer from Attorneys
Re: Can I take possesion of vehical in both our names is she is not paying?
If your name is on the vehicle, you cannot steal your own car. However, she can turn around and take the car and you can't do anything about it either. The police will not interfer with people arguing over a vehicle.
One option is to file for divorce and ask for temporary orders. In the temporary orders, division of debts and assets will be covered if the parties ask for it.
Be aware that the courts cannot interfer with any third party creditors (like the company that financed the car) and you credit rating can be impacted if the payments are not made on time. The courts cannot remove your name from the note to the car company.
Good luck!
Fran Brochstein
www.familylaw4u.com
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