Legal Question in Family Law in Texas
both names on property/truck
There's a truck involved and it has both parties name on it and i would like for my name to be taken off and hers' to remain. She's taking care of the note, she can have the truck but i would like my name take off so she can have the responsibility, the divorce is not yet final. Can i have my name removed from that responsibility.
1 Answer from Attorneys
Re: both names on property/truck
Creditors are generally not bound by divorce decrees. Depending on what the divorce decree says, you may or may not be able to convince your former spouse to re-finance the vehicle under her name, only. The lender is unlikely to take your name off the loan simply from your asking because they are more likely to get paid with both of you liable. In either case, you should ensure that your divorce decree requires your former spouse to indemnify you for any loss, cost or damage you incur from her breach of her duties under the decree.