If my ex-husband gets the truck but the loan is in my name, can I force him to refinance?

I am going through a divorce and the final decree is awarding my ex-husband his truck. He’s been making the payments on it, so that’s fine. However, I am listed as the

Asked on September 14, 2016 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes... it is possible to put a refinance clause in the final decree of divorce....and you should for your own protection.  Have your attorney include a clause that gives him six months to refinance... and if he fails to do so, then he has to sell it.  If he is not willing to include a refinance provision, then ask the court to award you the truck so that you can sell it and eliminate the debt obligation.  If you don't do this and he misses a payment, then the finance company will hold you responsible regardless of what the divorce decree says.

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