Legal Question in Family Law in Texas

Divorce

I have been separated from my husband since November of 2003. We have no children. The only thing that we have joint in our names is the vehicle that my husband drives. I've been asking him to get it out of my name for the past year and a half, but he has not done it yet. In the meantime, he's late on the payments, which is going against my credit. I do not want the car, nor do I want any equity that we may have in the car. I just want it out of my name. I was told that if he would do this, I could download forms for the divorce and get it done myself through the courts; however I can't get him to get the car out of my name. What is my best way to go about handling this? If I go speak to an attorney to get the ball rolling on a divorce, will the judge force my husband to get the vehicle out of my name? I just want to know the best way go about geting my divorce overwith as soon as possible so that I can move on. I wasn't that concerned with getting the divorce as I was getting the car out of my name, but now I found out that my husband went to jail last weekend over drugs that were found in his car, which is still in MY name.


Asked on 6/20/05, 8:03 am

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Divorce

A Judge cannot interfer with any 3rd party creditors -- in this case the company financing the car. Therefore, a divorce is not going to do what you want it to do.

If he's irresponsible, then you need to either pay off the car, sell it or take it and you make the payments.

WARNING: Some of the internet divorce kits will not work in Texas. I've seen at least 3 that are a total waste of money. Yes, they are guaranteed -- until you ask for your money back.

I offer a do it yourself divorce kit that I assit you in filling out for $175.

Good luck!

Fran Brochstein

www.familylaw4u.com

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Answered on 6/20/05, 8:12 am


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