Ask A Divorce Lawyer: What do I do when the car is in my name but belongs to her?

Question: 

The divorce decree says the car is hers but it’s in my name. What can I do?

 

 

 

Answer:

Does your divorce decree require her to take any actions to remove your name from the vehicle?  Changing the title to a vehicle is something that has to be done through the Department of Motor Vehicle.  Is there a lien attached to the vehicle?  If so, if your name is on the lien, the lender will likely not release you from the lien or allow you to have your name removed.  In this scenario, the Court could require her to obtain a loan to payoff the loan that is in both of your names.  If the vehicle has a clean title, you would just sign the title over to her and ensure that she goes to the DMV to process the change.

I do not know how long you have been divorced, but it is important that you address this situation immediately.  Having your name on the vehicle may expose you to liability in the event she gets into a crash or receives citations.  I do not practice in your jurisdiction.  However, Cordell & Cordell has many attorneys licensed and located in Texas who would be happy to assist you.

 

Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.

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