Can my ex-wife include mytruck in her bankruptcy if it was awarded to mein ourthe divorce?

My ex wife has filed for bankruptcy. She has included in her bankruptcy my pickup truck. The pickup was awarded to me through the divorce. However the title of the truck shows to still be in both of our names. Hers being the primary. Can she do this and how do I go about keeping my truck?

Asked on October 4, 2010 under Bankruptcy Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the title of the vehicle is still in her name then she can list the car on the bankruptcy.  Should she?  Probably not.  Do you have recourse, probably.  I would seek to file an objection of some kind with the bankruptcy court and file your divorce decree with them.  And you may need to bring an action to have her sign over he title to the vehicle.  the problem remains is the lien.  The lien holder has the right to hold you and your ex responsible if you are both on the loan.  They are not a party to your divorce action so they do not have to abide by the terms.  I would seek counsel on this.  Good luck. 


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