If my husband owned a car with his ex but he passed away, what do I do?

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If my husband owned a car with his ex but he passed away, what do I do?

My husband financed his car with his ex when they were together, and then they divorced and

he and I got married He attempted several times to have the car refinanced so that we could take her name off. She agreed to sign the car over to him fully but never completed the paperwork. My husband passed away yesterday, and I know that he would not want her to have the car. Do I have any rights to his car? Could I have her sign it over to me?

Asked on February 6, 2017 under Estate Planning, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Based on what you write, you do not have any legal rights to the car; if the car was owned jointly with the ex (they were both on the title), when he passed away, it became hers automatically (when there are joint owners, when one dies, the survivor gets the property). It does not matter what he wanted, or what she may have said she'd do orally--all that matters is what was, or was not, done. If she remained on the title, it will be hers.


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