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You should always have a lawyer in a divorce. Period. That being said, so long as it can be determined that it is HIS car and HE is the driver and owner, it will be determined in the final Divorce Settlement that the husband (if he remains the owner of the car) will have to refinance it into his name. If he can't refinance it into his name he could lose the car and it will negatively impact the wife's credit. In order to ever have a chance of repairing her credit, it is vitally important that she have it in writing from the court that payment of the car note was his responsibility alone. It is the responsibility of the wife to make this part of the decision.

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16y ago
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7y ago

That issue should have been settled during the divorce. If it wasn't the ex wife remains responsible for the loan if the ex husband defaults. In that case she should seek the advice of an attorney as soon as she knows the ex husband has missed any payments. By co-signing she agreed to pay the loan if he didn't.

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Q: A husband buys a car and the wife cosigns They are now divorced and the husband will not refinance to allow ex-wife out of loan What can the ex-wife do to get out of loan?
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