Legal Question in Credit and Debt Law in Virginia

My husband and I are seperated (he lives in Virginia Beach and I live in Portsmoth) and in the process of divorcing. I am the co-signer on the vehicle that he is driving. He has not been paying the car note as agreed. Can I, as the co-signer, reposess the vehicle from him due to non-payment? I am also the co-signer on the apartment he is living in, but he has paid the rent on time. I am very concerned the my credit will be adversly affected by his late car payments. Thank you.


Asked on 9/23/09, 9:38 am

1 Answer from Attorneys

Cary Moseley Law Office of Cary Powell Moseley, PLLC

Your credit could be damaged, if the payments are not made. I assume you have no agreements about it and that you are both on the title and have an equal right to use of the vehicle. Before you repo the vehicle (or do anything else that could cause you further legal problems), you should consult your divorce attorney (if you have one; if not, you should get one ASAP) and/or another attorney about this matter. Good luck.

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Answered on 9/28/09, 9:53 am


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