EMOTIONS MAKE THINGS WORSE
Hi Everybody's Uncle,
My husband and I have recently separated. We have two cars. The car he drives is in my name solely and the car I drive is in both our names. He is 3 months behind in making payments on the car he drives. The finance company is threatening to repo. This of course will only affect my credit. He's not really communicating with me as when he will be able to make a payment. I will be getting a tax refund soon but I don't want to help pay for a car that he drives and should pay for, should I pay this to avoid the repo? I really wanted to use my refund for my own bills as we have just split up and I have 3 children to care for and my own car note to deal with. I really don't want to pay for a car that he drives.
~thank you
Nicole
Nicole,
You are in a tough position so you will have to make some well thought out moves. There is a difference between what he WON’T pay and what he CAN’T pay. If his position is designed to hurt you, better to face reality now than later when you have used limited assets to his benefit.
Repossession solves nothing because the payments are still due. Since HIS car is in YOUR name you could take possession of the vehicle and fight it out from there. If you have equity in the car (owe less than the car will sell for) you could sell it. If possible let him “buy” the car from you. A better alternative would be to have a lawyer draw up an agreement wherein each party agrees to take on negotiated responsibilities. If child support and property have not been settled – hostile parties invariably have different perspectives and a warlike attitude. The separation should be addressed with ALL elements up for discussion. Fighting over one item at a time will only make a bad situation worse. If a divorce is pending have your attorneys work out the details. Working through financial matters is difficult enough, fired-up emotions will just make the settlement more difficult.
Everybody’s Uncle
