Franklin, KY asked in Business Law, Contracts and Civil Litigation for Kentucky

Q: Primary on car loan with wife, seeking advice on refinancing or transferring financial responsibility.

I'm the primary borrower on a car loan shared with my wife. Although we've verbally agreed she would help with partial payments, she's not been able to contribute, and I'm currently making all payments. She says that she needs more time, but I'm worried about repossession and damage to my credit if I stop paying. Ideally, I'd like her to refinance the car in her name. How can I proceed with this situation to avoid repossession while ensuring that the financial responsibility is transferred?

2 Lawyer Answers

A: You can continue paying the car loan or you can get her to agree to refinance in her name and get you off the note. If that fails, sell the car and pay off the car note with the sale proceeds.

James L. Arrasmith
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Answered

A: Kentucky Auto Loan Transfer Analysis

Your status as primary borrower on the auto loan creates full legal responsibility for payment regardless of verbal agreements with your wife under Kentucky contract law. When lenders approve joint auto loans, they evaluate the primary borrower's creditworthiness most heavily, which is why missed payments or repossession would disproportionately impact your credit profile regardless of whose "fault" the default might be. Kentucky courts generally view verbal agreements between spouses regarding shared financial obligations as unenforceable against third-party creditors, leaving you with limited recourse against the lender should payment issues arise.

The most viable path forward involves approaching your lender directly to discuss refinancing options that would remove your name from the loan, though this typically requires your wife to qualify independently based on her credit score, income, and debt-to-income ratio. Many Kentucky lenders offer loan assumption programs that allow responsibility transfer without selling the vehicle, though these typically require both parties' cooperation and the assuming party to meet current lending standards. If refinancing proves impossible due to your wife's financial situation, documenting your payment contributions through a formal written agreement might provide limited protection in case of future domestic legal proceedings, though this would not affect your obligation to the lender.

Kentucky family law recognizes marital debt allocation during divorce proceedings, but provides few remedies for married couples seeking to redistribute existing joint obligations while remaining married. We recommend initiating a frank financial discussion with your wife, potentially with a neutral third party such as a financial counselor, to establish realistic timelines and written documentation of your agreements moving forward. Should continued sole responsibility become unsustainable, Kentucky's Uniform Commercial Code provisions regarding secured transactions might provide options for voluntary surrender with minimized credit impact, though this would likely result in vehicle loss and potential deficiency judgment against both borrowers depending on the vehicle's current value relative to the outstanding loan balance.

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