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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29311
Experience:  Attorney with experience in family law.
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My husband is in violation of a PFA and has not shown up .

Customer Question

My husband is in violation of a PFA and has not shown up for work. He does not have money for a lawyer. Since the car loan was taken out in my name because of the credit can he sell the car without my knowledge? I am trying to get him make the loan payments but want the divorce. The bank said he would have to refinance under himself but that would make the payments go up. Are there any other options? I went for an uncontested divorce but things got out of hand and I feel like my back is to the wall on this.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your dilemma.

If your name is ***** ***** TITLE to the car, he cannot sell it without your signature. If he's not willing or able to make the payments, there are a couple of other options:

  • You could pay him half the equity in the car, if any, and become the sole owner.
  • You could sell the car (with your husband's WRITTEN consent or an order from a judge) and split any proceeds
  • You could ask the judge to ORDER him to refinance the car in his name only. It's really not your problem if that makes his payments go up, because you won't be on the car anymore. By keeping the car, he's agreeing that he's OK paying a bit more.

In the event that the two of you aren't able to agree, the judge will probably order the vehicle sold, although that could depend on whether there's another car that also has to be divided as part of the divorce.

It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.

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