I’m going through a divorce and my husband all of a sudden wants to go after my car which is in both of our names. There’s about two years left on the loan. If I refinance to get his name off, does he have to do anything
Foofa
You need to talk to a lawyer because state laws on this differ by jurisdiction. But in most cases a vehicle in both names is considered marital property that would be split equally. So you may be able to buy him out of his half of the car, but you can't just re-fi take his name off of it.
Andrew Smith
You cannot simply seize property that is not yours. Almost everything the two of you have is matrimonial property and the subject of distribution. If necessary by court order. Anything you do now will potentially be undone anyway.
Alex
lawyer is the only option here
i + i
Think of it this way: if you are refinancing,
you are paying off one loan by taking out
another. The loan you are paying off is in
both your names (i.e., you're both on the
hook for the debt). This removes that debt
obligation from him and transfers it 100%
to you, but it does NOT change the ability
of your soon to be ex from "going after" it.
Please talk to your attorney before trying
things like this.
D50
If you can refinance in your own name, you might need only his signature. If HE wants the car you can always crash it.