If my ex-husband and I divorced 7 months ago and the loan for our vehicle was in his name but the car was awarded to me as a part of the divorce, how can I get the loan changed into my name?

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If my ex-husband and I divorced 7 months ago and the loan for our vehicle was in his name but the car was awarded to me as a part of the divorce, how can I get the loan changed into my name?

I have a signed power of attorney form from my ex and the certified divorce decree showing I have been awarded the vehicle. It was an abusive marriage where I wasn’t allowed to have accounts in order to build credit, so I can’t qualify to refinance. Can’t they just change the name on the loan into my name?

Asked on November 16, 2015 under Family Law, Texas

Answers:

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

Answered 5 years ago | Contributor

The finance company is not bound by the divorce decree.  As such, they are (unfortunately) not very concerned about what you need.  They are correct, however, in that the way for you to get your name on and his name off of that account is to refinance it into your name.  I suggest that even if the interest is a little bit higher, that it's important to get the account refinanced into your name.  As long as his name is on the account, he will have he right to access or alter the account-- which could result in additional charges to you down the road.


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