Stbxh and car loan/payments- Cross posted single parenting

[NewDirections]

I separated from stbxh in July and filed for divorce in December. During this time, he's been driving and making payments on a car we bought together (we are on the loan together). I've been driving his car he had before our marriage. The new car was originally bought for me, but after about 6 months of driving it, we switched cars and then a month later we separated.

I've been saying for close to a year that I do not want the new car and that I can't afford it. I've told stbxh many times in writing that the car needs to be sold. He's said that he can't afford it as well, but he's made no effort to sell it. During the time he's had the car, I had a high risk pregnancy and now a newborn so that's why I haven't tried to sell the car.

Now we are figuring out the divorce and he wants some compensation for the fact that he's been the one paying for the new car and driving it and I haven't been making payments but rather driving his car that's paid for. Is it likely that I'll be responsible for paying him back payments for the car? Or since we've been separated for almost a year and he chose to keep the car is it considered all his responsibility?

[annekevdbroek]

Actually, the car has presumably depreciated in value - so I can't see why you'd have to pay him for the car at all! If you had a downpayment on the car then you should get somethign of that downpayment back when the car is sold. Otherwise if just needs to be sold to pay off the loan and call it good and done. It sounds as if you need to figure out about both cars - the one you've been driving and the one he has been driving. Do you keep one and sell one and split the difference some how? E..g one car is worth 5k and paid off, the the other is not paid off and has zero equity?

[NewDirections]

Anyone else?

[SleeplessMommy]

In divorce, everything in negotiable. Don't reimburse him for the car payements. The car may need to be refinanced to get your name off of the loan. (otherwise he can default and hurt your credit rating.) It may come down to who wants the divorce more. I am sure the single parenting ladies (or your lawyer) will have more detailed advice.