My ex husband is filing bankruptcy and has included a car that is in both our names. Can he do this and if so will his name come off the car?

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My ex husband is filing bankruptcy and has included a car that is in both our names. Can he do this and if so will his name come off the car?

Asked on May 24, 2009 under Bankruptcy Law, Tennessee

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

He can do what he wants, however, whether it remains as a debt he would like discharged remains to be seen.  Is he including it as an asset under an exemption or something?

In terms of this situation, why do you still have joint title with your ex husband? Did you have a divorce decree? What did it say? Is someone in contempt of that order? Do you realize the legal implications of maintaining title with someone when only one of you owns it?

Consult with your divorce attorney if you had one.  Why? Because if your ex is in contempt of a divorce decree, you need to bring forth a motion in divorce court and quite possibly in front of the bankruptcy judge and trustee.

If you don't have a lawyer, try www.attorneypages.com.


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