Katy, TX asked in Consumer Law and Small Claims for Texas

Q: Can I get a vehicle back if the loan isn't being paid?

A couple years ago I got a divorce and listed a truck as property for my ex husband. He was making the payments and the truck was always "his". Now he's not making the payments. My name is the only one on the truck and the loan. Legally it's the banks truck until it's paid off. Can I legally get the truck back? He's saying I can't because I listed it as his property on the divorce papers.

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1 Lawyer Answer
Teri A. Walter
Teri A. Walter
  • Consumer Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: No, it's not the bank's car. Based on your description, the title made it your car, and the divorce decree made it your ex-husband's car.

In most cases, the decree provides that the person who receives the property is responsible to pay the debt. If he doesn't do so, you have a claim against him for whatever you end up having to pay because he didn't pay it. If your decree gives you a security interest in the car to secure his payment (unusual, but possible), then you could repossess the car if you can do it without a breach of the peace (i.e. breaking into a gate, garage or other secured area, and without violence or threats of violence), otherwise, you do not have a right to the car. Check your divorce decree to see if it says something different.

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