Can I as a co-buyer have my car repossessed in a divorce? How? 9 Answers as of May 28, 2015

My husband and I are going through a nasty separation. He has been fighting me on everything since I asked him to leave in January. He even tried to kill me last April. He is on 10 years probation for right now. Every day since then, there has been a fight just for him to leave me and my kids alone. On Sunday night, he placed an order to have my truck repossessed. Can he do this? And do I have any rights at this point? I have been the one making the notes since I got my truck, not him. But I am listed as the co-buyer. The credit union that we are financed through said since he is the primary buyer, he has the right to place the order. And he has to give me permission for me to get my car back, which was my primary means of transportation. What are my rights, or do I have any at this point?

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Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
You have serious DV issues and serious enabling issues. Get a lawyer; I will not enable you to do otherwise.
Answer Applies to: California
Replied: 5/28/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
If you are in the midst of a divorce get an attorney right now if you do not have one.. and if you do ask your attorney This could be easily remedied with a status quo order that prohibits him from doing this.
Answer Applies to: Michigan
Replied: 5/28/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
I would not have thought that on co-buyer can arrange a repossession of a vehicle, if all payments are current. In your divorce, you presumably have a temporary order which addresses who has which property, at least temporarily, and who pays which bills. If he is violating those provisions, you can file a motion for him to be held in contempt. (And you can often get a contribution to your lawyer's fees for bringing the motion.) Consult your divorce lawyer. If you do not have an experienced matrimonial lawyer, hire one. Its almost always worth the investment, and good lawyers know ways to shut up recalcitrant spouses. Good Luck.
Answer Applies to: Wisconsin
Replied: 5/28/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
If you've been making payments on the car and payments are current, then there's no justification for the car to be taken back. You should immediately go into court and get a restraining order to stop this conduct.
Answer Applies to: California
Replied: 5/28/2015
Law Office of Robert E McCall | Robert McCall
You need an attorney ASAP.You may need an emergency Motion to stop these actions.
Answer Applies to: Florida
Replied: 5/28/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Who is your attorney. Address this issue there and with the court. Try to refi the truck with the CU in your name only. That will have to happen eventually anyway.
    Answer Applies to: Michigan
    Replied: 5/28/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    The question is not the buyer, it is the owner. If your name is on the title, the car is as much your car as it is your spouses car and you can go get it. I would suggest, however, that if you get the car, carry the Title, current insurance and have a valid drivers license just in case the car is called in as stolen and you get pulled over. If you do get pulled over, just show the police officer the title and other papers and you should be fine.
    Answer Applies to: Florida
    Replied: 5/28/2015
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    If you file a divorce you can get relief. You can also file a domestic violence protection petition if he is abusive.
    Answer Applies to: Washington
    Replied: 5/27/2015
    Walpole Law | Robert J. Walpole
    Whatever rights that you may have in this situation, those will be best protected by a lawyer. Secondly, since you are not yet divorced, you should ask the divorce judge to order the vehicle released to you. Yes, you may have a suit against the bank. Don't let it off the hook. Good luck.
    Answer Applies to: Oklahoma
    Replied: 5/27/2015
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