Q: In my divorce, my husband was granted the car although the loan is in my name. He is 5 days late in making payment…violation?

Can I enforce the divorce decree or take possession of the car, in the state of Arizona, if he is only 5 days late? OR at what point can I do so?

A: What you may want to do is to have your husband get his own loan for the car and make the payments on a loan that is in his name. What could happen is that he continues to make late payments or not to make payments at all on the car loan and your credit is going to suffer because the loan is in your name. The creditor is not going to care about the divorce decree and that he is supposed to be making the payments. They simply want their money and if the loan in your name becomes too delinquent because he fails to pay, the car could be repossessed, sold at an auction, and then you will be liable for the deficiency amount still owed on the vehicle.

Only 5 days late is probably not worth taking him back to court and having the court enforce that he makes good on the payments, however, if it happens multiple months in a row or if one particular month gets more delinquent (say 20-40 days) I would recommend getting him back in front of the judge to enforce the payment of the car loan by the husband. Continual late or missed payments may allow you to petition for the car to be given back to you, however, one time only 5 days late is not going to be enough.

Seek out a experienced family law attorney, many offer free consultations, ask your questions and get a 2nd opinion. Take advantage of their time and willingness to meet with you and help you free of charge.

Answered by:

Evan Bornmann
Re-Published from: AVVO Legal Answers and Questions

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