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My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:
On what grounds would you be seeking to retake possession of the vehicle from your spouse? Are you legally separated or seeking a divorce?
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we are not legaly sepaarated or divorced yet. nothing has been filed. she has said that she is going to file as I will not file but i will not stop her from having the divorce.
But the car title is in both names the loan is in both names with her being the co singer. It is reg and ins in her name.
I have been looking to buy a house and because of her being late with the payments all the time 5 out of the last 6 months i can not get a loan now.
she has had 1.5 years to get it out of my name and hs not done so. I have even paid some car payments to get them cought up.so now she feels as if i am a treath of some kind just knowing her address. she said she was thinking of fileing a restraining order. She has no legal base for that unless she lies and at this point i do think she could.
But i just want the car out of my name or in just my name and i will take it.
Hello again, Todd, and thank you for providing this additional information.To answer your question, you need a local family law attorney to assist you with this. They could aid in mediating your dispute with your spouse, or go ahead and file for divorce where you and your spouse will be forced to decide how to dispose of the vehicle. If you agree to permit your spouse to take possession of the vehicle, you can make it on the condition that she refinance it promptly and if she does not, then the vehicle must be sold and the proceeds used to pay off the loan and then divided between the spouses.Courts will not typically consider such issues between spouses though unless a petition for legal separation or divorce has been filed, so that is what you will need if you and your wife cannot come to an agreement through a local family law attorney or mediator.
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