Woodway, TX asked in Family Law and Divorce for Texas

Q: I'm in texas. In my divorce my ex-husband got a car that was in my name with the debt. He is not paying. Can I repo?

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1 Lawyer Answer

A: Ordinarily, the trial judge decides the distribution of property, and it takes an especailly inept one to grant an item of personalty and keep the other party on the hook for the payments. Here, the named account holder, the asker, is on the hook for paying the car loan, but the other party has the car, and is not fulfilling his presumably court -ordered obligation to pay for the car.

The vehicle will be repossessed by the lender typically after three missed months. The asker has to see her attorney and show him the final judgment of divorce to determine whether the asker can repossess the vehicle without violating the judgment. We do not know that answer.

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