Divorce - Vehicle Question

[LdiJ]

Sounds to me like you have to go back to court to clarify that she has to also refinance the loan.

However in the meantime, the divorce decree awarded the van to her, and you have to turn it fully over to her, or be in contempt of court.

I have to say however, that despite the fact that many posters here have talked about getting the court to order her to refinance the van, the true reality is that its not the norm for a court to require an ex spouse to refinance a vehicle.

One of the main reasons for that is because its normally NOT possible to refinance a vehicle. Auto loans, by their very nature are normally upside down for the majority of the life of the loan. A car is a depreciating asset and until you are near the end of the loan, the car is generally not worth more than the balance of the loan. This is even more true today in this era of 5 and 6 year car loans. What a court normally does is order the spouse to be responsible for paying the car loan and insurance.

These are all things that the OP should have thought about and handled BEFORE the judge signed off on the divorce decree. Not only does he have his own credit to protect, but apparently he has his father's credit to protect as well.

 

[jstwatchin]

How can the court order him to turn over property that doesn't fully belong to him? His father is not the one getting divorced....

 

[LdiJ]

How can the court order him to turn over property that doesn't fully belong to him? His father is not the one getting divorced....

Apparently he AGREED to it.

 

[TinkerBelleLuvr]

The OP agreed to the arrangement, but did the other owner of the vehicle agree to this. Would the father have cause to sue both the son and the x-wife over it?

 

[LdiJ]

The OP agreed to the arrangement, but did the other owner of the vehicle agree to this. Would the father have cause to sue both the son and the x-wife over it?

His son maybe, but not the ex wife. His son agreed to deliver a specific vehicle to his ex wife. If his son has to deal with his father to make that happen, that is between he and his father.

 

[mistoffolees]

The OP agreed to the arrangement, but did the other owner of the vehicle agree to this. Would the father have cause to sue both the son and the x-wife over it?

Where did it say that the van belonged to the father?

The original post says:
"I have a question regarding a vehicle I left my ex-wife with after the divorce as stated in the decree I left her the Van we use to own it was always in my name. But it says I was to hand over keys and title information, and thats it. Does that mean I pay for it or does she? The van is still in my name, also what about insurance and maintance?"

Looks pretty clear to me - the van was in OP's name and he was ordered to give it to his ex-wife.

Note that it says that the LOAN is in both OP's name and his father's name, but that's their problem to work out. The court order is entirely valid since the van is in OP's name.

 

[bls8195]

Ok well my Dad could care less only as long as the note is being paid which I am currently paying as with the insurance.

So I get I must turn over everything to her, I just need to take her back to court correct to see about getting her to pay for the loan and the insurance?

 

[mistoffolees]

Ok well my Dad could care less only as long as the note is being paid which I am currently paying as with the insurance.

So I get I must turn over everything to her, I just need to take her back to court correct to see about getting her to pay for the loan and the insurance?

Yep. That should have been covered in the decree, but if it wasn't, you'll have to go back - but there's no guarantee that you'll get it. It could be that you paying off the loan was necessary for the assets to balance out.

 

[bls8195]

My biggest thing is with insurance, she lets everyone and their grandma drives the van, so what if something happens? I get a hit on my insurance?

Doesn't seem right, there has to be something in that aspect.

 

[mistoffolees]

My biggest thing is with insurance, she lets everyone and their grandma drives the van, so what if something happens? I get a hit on my insurance?

Doesn't seem right, there has to be something in that aspect.

Better to have an insurance claim than to be liable for a multi-million dollar accident.

Your other option is to do what the court ordered and turn the van over to her. Sign the title to give her ownership. Then you won't have to worry about insurance.

All of this stuff should have been dealt with BEFORE the divorce was final, not after.

 

[bls8195]

I have given the van to her and all the keys and everything, but I cannot sign the title over as the van is still financed with a bank.