Once divorced, how does a person get their name off of an auto loan that is in both parties’ names?

My son and his ex-wife are divorced. They never went to court, they just settled out of court. How does my son get his name off of the auto loan that his ex-wife has?

Asked on September 9, 2011 under Bankruptcy Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Actually, he probably can't get his name off. He could ask the lender but it has no reason to do so. The fact is that from its perspective, the more people responsible for re-payment the better. This would be true even if your son and ex-daughter-in-law got a court-ordered settlement since the lender would not be a party to the divorce action so it would not be bound by its terms.

He should try and have her re-finance the loan in her name only. If that fails, possibly he can at least get his ex to sign an indemnification agreement stating that in the event she fails to make the payments she is liable to your son for any out-of-pocket expenses on his part. Short of this I'm afraid there really isn't anything else that he can do.


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