Charleston, SC asked in Divorce for South Carolina

Q: Does my ex have legal rights to repossess a car we are both on the loan for?

He is on the car loan as primary and I am the cosigner. He has his own car and I drive and make payments on this vehicle. The insurance is also in both of our names. We lived together for 12 years. He keeps trying to repossess the car and hold it over my head to force me to sign mediation paperwork for child custody.

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1 Lawyer Answer
Ryan D Templeton
Ryan D Templeton
  • Summerville, SC
  • Licensed in South Carolina

A: If you are married you need to file a matter in family court to deal with all of the custody and property issues between you. That being said, absent a court order if both of your names are on the title to the car you have equal rights to drive the vehicle.

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