How do I get my name off of a car loan that is marital property?

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How do I get my name off of a car loan that is marital property?

My husband and I have 2 cars, 1 is just in his name and the other is in both our names. Do I need to list both cars in the divorce decree? Also, the car that is in both of our names is the car that he has kept. How do I set it in the divorce decree that he is 100% responsible for that loan and also make it so my name gets removed from the loan. He has missed a few payments and I do not want it to further effect my credit rating.

Asked on May 17, 2011 under Family Law, Arizona

Answers:

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

Answered 10 years ago | Contributor

Please do not tell me that you are drafting the agreement yourself?  That is so not a wise thing to do without at least paying an attorney to consult on what you are entitled to in the divorce before you waive a right to anasset.  Are you saying here that the one car is going to be considered separate property? That has to be said in the agreement but really it may not be separate property in reality.   Then do you have it?  Is he tranferring the title?  As for thecar with both your names on it he has to refinance it in his name only.  Not likely going to happen if he has already missed payments.  Otherwise you have to pay off the loan and then transfer title.  You need help here in person.  This is not the forum to draft a divorce agreement.  Good luck.


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