If my ex boyfriend and I got a car together a year ago and I am a co-owner on the car, will they take that car if I'm not filing bankruptcy? 19 Answers as of June 04, 2013

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The Wooten Legal Consulting, PC | Antoinette M. Wooten
Have you tried to reaffirm the car's debt? Has your lawyer listed the car as an exemption?
Answer Applies to: New York
Replied: 6/4/2013
Law Office of D.L. Drain, P.A.
Law Office of D.L. Drain, P.A. | Diane L. Drain
The creditor is not going to take the car is the payment is made and the debt reaffirmed.
Answer Applies to: Arizona
Replied: 6/3/2013
Portland Bankruptcy Law Group
Portland Bankruptcy Law Group | Christopher J. Kane
The answer to this question depends on the value of the car. If you are both on the title to the car, then you each have a 1/2 interest in it and 1/2 of the value is imputed to each of you. The Trustee is only entitled to take your ex's 1/2 of the value. Your ex is entitled to a $3,000 exemption on that value. If his 1/2 is more than that exemption amount, then their are two options. One, if you are driving the car and want to keep it, you can work a deal with the Trustee to buy out the non-exempt amount of the ex's 1/2 of the value. Two, the Trustee could take the car and sell it and give you 1/2 of the sales proceeds.
Answer Applies to: Oregon
Replied: 6/4/2013
Danville Law Group | Scott Jordan
No, not as long as you continue making the monthly payments.
Answer Applies to: California
Replied: 6/3/2013
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
if your ex boyfriend filed bankruptcy, then you have to keep paying on the car if you want to keep it.
Answer Applies to: Indiana
Replied: 6/3/2013
    SmithMarco, P.C.
    SmithMarco, P.C. | Larry P. Smith
    No.
    Answer Applies to: Illinois
    Replied: 6/2/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    No... It is very rare that a vehicle is taken. You would have to have quite a bit of equity in it for that to happen. They generally are exempt.
    Answer Applies to: California
    Replied: 5/31/2013
    Idaho Bankruptcy Law | Paul Ross
    Generally, as long as the payments are current, you should not lose the car if your boyfriend files bankruptcy.
    Answer Applies to: Idaho
    Replied: 5/31/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    It depends. Are the payments being made? If not, you can expect the lender to take the car by repossession. How does bankruptcy play a role in your question?
    Answer Applies to: Nevada
    Replied: 5/31/2013
    Weber & Phillips, P.A.
    Weber & Phillips, P.A. | John G. Phillips
    There are several factors that go into determining the answer. If you still owe money on it and stay current on payments, usually you should be able to keep it unless the Trustee believes there to be unexempt equity that he should claim for creditors.
    Answer Applies to: Arkansas
    Replied: 5/31/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Are you also a borrower, or are you just an owner? As long as the payments are made, you should be able to keep the car.
    Answer Applies to: Colorado
    Replied: 5/31/2013
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    No, so long as you keep making payments.
    Answer Applies to: Florida
    Replied: 5/31/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    No, if payments are made then the bank generally will not take it and if there is no equity then the trustee wont take it
    Answer Applies to: New York
    Replied: 5/31/2013
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Depends on its value and the available exemptions.
    Answer Applies to: Michigan
    Replied: 5/31/2013
    McMahan Law Firm
    McMahan Law Firm | Van D. McMahan
    I'm assuming you did not file bankruptcy but your boyfriend did. As long as you keep paying for the car you should be able to keep it. This is assuming you are on the note.
    Answer Applies to: Tennessee
    Replied: 5/31/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    It is possible but unlikely. It depends on how much equity there is in the car. Likely you would have to have more than $8000 of equity to lose it.
    Answer Applies to: New York
    Replied: 5/31/2013
    Jeffrey A. Cogan, Esq., Ltd.
    Jeffrey A. Cogan, Esq., Ltd. | Jeffrey A. Cogan
    No, but he will have to sign a reaffirmation agreement if he wants to keep the car. It is a promise to pay for the car even though he filed for bankruptcy.
    Answer Applies to: Nevada
    Replied: 5/31/2013
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Generally, no as long as they figure you can make the payments and are current, they may ask that you sign new paperwork that says you are solely responsible. If you have really bad credit and the payments are behind, they probably will take the car. Call the finance company and ask what you need to do to ensure you, as co-signer need to do to ensure you get to keep the car.
    Answer Applies to: Michigan
    Replied: 5/31/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    If you have the car, are making the payments, and have the vehicle insured, it would not be repossessed in most circumstances.
    Answer Applies to: Wisconsin
    Replied: 5/31/2013
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