Can the judge in my brother’s divorce case order me to sign over the title to my vehicle to his wife?

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Can the judge in my brother’s divorce case order me to sign over the title to my vehicle to his wife?

I took out a vehicle in my name for my brother to use for his business with the

agreement he make the payments. The vehicle has been paid for. He’s going through

a divorce and the judge has ordered me to sign over the title to his wife. Is this legal?

Asked on September 27, 2016 under Family Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If he has made the payments, then the judge is concluding that, regardless of whose name is on the title, it is really his vehicle; in a divoroce (or, for that matter, many other legal proceedings), the court can and will look behind the "legal fiction" of ownership to how actually paid for, owns, etc. the property/asset. If the vehicle is really your brother's, regardless of whose name is on the title, then the judge can order this.


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