McCoy, CO Divorce Law Firms & Lawyers

The simple answer is that only the lender can remove you from the loan obligation - there is nothing you or anyone other than your husband can do. Generally, lenders will never do that unless and until the other spouse qualifies to refinance the loan in his name alone. Nothing can be done until you file for the divorce, but the divorce court cannot require the lender to remove you from the loan, no matter what your separation agreement or prenup says. Once the divorce proceedings begin, the only thing the court can do in the final settlement is order that the property be sold if your husband can't or won't refinance in a timely manner.

Spousal support is basically a balancing of need versus ability to pay; the length of the marriage is only one of many relevant considerations. There are no fixed, simple rules and, if you and your husband can't agree, a judge will make the decision after considering all of the relevant factors. You would be foolish to simply accept what your husband says without consulting a lawyer to learn more about what you can reasonable expect a judge to do about all of the pertinent financial issues. Even if you can only pay for a couple of hours of the lawyer's time you will benefit in the long run.

From these facts, it does not sound like your husband had title to the car, in which case he did not have authority to give it to anyone. If title is solely in your name, I would make a demand for a return and let them know there is criminal accountability if they refuse. If title is in both of your names, the issue is one for family court.