Legal Question in Family Law in Washington

Re: divorce auto rights

I am assuming that the divorce decree awarded you the car. Unfortunately, the divorce decree cannot affect the rights of creditors, since they are not parties to the divorce. Since your ex-husband is listed as the primary buyer on the finance document, he is the person primarily responsible for the automobile. If the car were to be repossessed, the creditor would likely go after your ex-husband for any monies owed. The creditor has a right to protect its interest and normally the finance agreement limits the primary buyer's right to leave the car in anyone else's possession. You may well have to give the car to your ex-husband or face repossession of the car by the creditor. I would encourage you to discuss your options with an attorney, particularly to look into the possibility of obtaining a money judgment against your ex-husband to compensate you for the loss of the car. Unfortunately, the court will not allow you to go back and re-work the property distribution in your original divorce so you would likely have to pursue the issue in a separate legal action.