Can I Repossess The Car If She Is Not Making The Payments?

divorce lawyer Andrew LaufersQuestion:

My ex has not made any of the payments on a car that is registered to me.

Can I repossess the car or deduct the payment that I am now going to have to make from the child support?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Minnesota divorce laws where I am licensed to practice.

Generally, you cannot take self-help measures to repossess an asset without a court order allowing you to do so.

Legally, you would be considered a creditor in this scenario. Under Article 9 of the Uniform Commercial Code, you may be prohibited from repossessing the asset without a specific court order.

Thus, it may be advisable to request the family court to allow you to repossess the asset or that you be awarded the asset. You may also be able to request that she reimburse you for any payments that you made on the car.

Additionally, in most states, deducting payments made on other purposes is specifically prohibited. As a result, you should not deduct any payments made for the car from your child support.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Minnesota Divorce Lawyer Andrew J. Laufers, contact Cordell & Cordell.

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