[smiles]

I am a 22 year old f. I am getting a divorce from my soon to be ex husband. We are separated right now. I have not even started getting the divorce started because, I am worried after the divorce is settled and everything. If I take him off my car, am I going to loose my car because it is still financed

[RichardBondMan]

When you say take him off your car, that could be a couple of things, his joint responsibility with you to pay the loan according to it's terms or off the registration that indicates who is the owner of the car ? Let me take one thing at a time, first since the vehicle is financed, the lender would have to agree either to let you remove him from responsibility for the note or let you take out a loan in your name solely. That's means in their eyes you would have need to qualify or have the necessary credit otherwise they more than likely will not let you take his name off the promissory note. The registration is another matter. I am not sure about this but look at your state registration and see if it's in your name alone or joint with him. Then consult with the state DMV. Hope this helps.

[smiles]

We are both on the car lone. I am just worried about losing my car. When I take him off my car because I know; if I have to get financed by myself I will not get approved. I know I can pay the payment. I am just worried about them telling me I have to get financed by myself. Because I have horrible credit because of him now… I hope someone can lead me in the right place or try to explain to me what is going to happen with the my car.

[RichardBondMan]

In the divorce settlement seek to leave him on the acct in return for something else - if there's nothing else for him, then if I were him, I would want my name off the loan. Sorry, there's no other answer unless someone will cosign for you or you choose to refinance with your credit at a very high rate. Most Buy here Pay here car lots will finance most anyone. Just you might not get a great deal.

[s_cianci]

You won't lose the car as long as you continue to make the payments as scheduled. If both of your names are on the lien then you are both legally responsible for paying for it, whether separated/divorced or not. If the loan becomes defaulted, the lienholder can pursue both of you separately to satisfy the balance. If you plan to retain possession of the car after the divorce then having his name removed from the lien would be your best course of action as it then gives you exclusive rights to it. On the flip side, it makes you solely responsible for paying off the balance. If you needed his income or credit rating to get the loan in the first place, then getting him removed could be a problem. In that case, you'd still be wise to make all scheduled payments so that it doesn't go into default and possible repossession. If that happens, that'll hurt your credit rating tremendously and make it all the more difficult for you to get future credit on your own.

[prettyunique]

I live in NC, how do you file for a legal separation from a marriage?