How can I get my name of a car loan and mortgage after divorce?

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How can I get my name of a car loan and mortgage after divorce?

In the divorce, I willingly gave up the home and the vehicle that we both shared and is under both of our names. Now, almost 2 years later, I want my name off of both notes. How can I make this happen? Is my ex-wife obligated to remove my name?

Asked on June 14, 2019 under Family Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Did she agree in writing, in a divorce settlement, to take over both notes and remove you from them (e.g. to refinance them)? Or did the court order her to remove you from them? If  she agreed in a written settlement or was ordered by the court to do this, you can enforce that settlement or decree/order; consult with a family law attorney about how to force her to do this (it is a more complicated legal proceeding than, say, a small claims case; you will want a lawyer to help you).
But if you voluntarily gave up your interest in these things without getting a written agreement or court order/decree that you she would remove you from them, she does not have to: in this case, you essentially "gifted" her your interest in the home and car without getting anything enforceable in return.


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