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Stbxh and car loan/payments

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PotreroHill

Junior Member
What is the name of your state (only U.S. law)? California

I separated from stbxh in July and filed for divorce in December. During this time, he's been driving and making payments on a car we bought together (we are on the loan together). I've been driving his car he had before our marriage. The new car was originally bought for me, but after about 6 months of driving it, we switched cars and then a month later we separated.

I've been saying for close to a year that I do not want the new car and that I can't afford it. I've told stbxh many times in writing that the car needs to be sold. He's said that he can't afford it as well, but he's made no effort to sell it. During the time he's had the car, I had a high risk pregnancy and now a newborn so that's why I haven't tried to sell the car.

Now we are figuring out the divorce and he wants some compensation for the fact that he's been the one paying for the new car and driving it and I haven't been making payments but rather driving his car that's paid for. Is it likely that I'll be responsible for paying him back payments for the car? Or since we've been separated for almost a year and he chose to keep the car is it considered all his responsibility?

I'm offering to trade the car in when I buy a new (used) car and split the difference with stbxh on the amount owed. I'm pretty sure that we won't be given a trade in value that is as much as we owe. It will probably be about $3,000 difference. I'd like to add that into the new loan (or possibly pay it outright depending on finances) and have stbxh sign a legally binding agreement that he needs to make payments to me for his portion (with interest included).

Your Thoughts?
 


nextwife

Senior Member
Is this high risk pregnancy that prevented you from paying anything toward the car for HIS child?

If the car is a break even, why would either of you pay the other for it? Sell it and be rid of the debt. I'm confused why any part of your new car would be "his portion" if this car has no equity and is worth what is owed?
 

PotreroHill

Junior Member
Is this high risk pregnancy that prevented you from paying anything toward the car for HIS child?

If the car is a break even, why would either of you pay the other for it? Sell it and be rid of the debt. I'm confused why any part of your new car would be "his portion" if this car has no equity and is worth what is owed?

To clarify, I had pre-eclampisa and was ordered to be on bed rest by my doctor. My blood pressure became so high that I needed an emergency induction. My stbxh is the father of the child.

Most likely the trade in value of the car will not be as much as we owe. In order for the title to be relinquished, the balance must be paid in full. Therefore, it must be rolled into a new loan or paid outright. I need to get a new vehicle. Since he wants me to trade in the car, can we enter into a legally binding agreement that the remainder of what is owed on the car will be split between us and stbxh will make payments to me for that amount over a set period of time?
 

LdiJ

Senior Member
To clarify, I had pre-eclampisa and was ordered to be on bed rest by my doctor. My blood pressure became so high that I needed an emergency induction. My stbxh is the father of the child.

Most likely the trade in value of the car will not be as much as we owe. In order for the title to be relinquished, the balance must be paid in full. Therefore, it must be rolled into a new loan or paid outright. I need to get a new vehicle. Since he wants me to trade in the car, can we enter into a legally binding agreement that the remainder of what is owed on the car will be split between us and stbxh will make payments to me for that amount over a set period of time?

That is an option, but another option would be to trade other marital assets for the debt in the car. IE, if you keep responsibility for the debt, you get more of some other asset in exchange.
 

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