If we are getting divorced and my wife will get a vehicle that has both our names on the title, how do I remove my name?

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If we are getting divorced and my wife will get a vehicle that has both our names on the title, how do I remove my name?

Asked on November 24, 2012 under Family Law, Florida

Answers:

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 11 years ago | Contributor

In a divorce action, if there is property in both of the parties' names, the options available are as follows: (1) the party that will be retaining the vehicle can refinance the vehicle in his/her name only (and this needs to be done within a specified amount of time; (2) if the vehicle cannot be refinanced, the vehicle can be sold with both parties remaining equally responsible for 50% of any outstanding debt remaining after the sale; (3) the vehicle can be traded for a different vehicle (the newer vehicle would remain in the name of only one of the parties).  If none of the above options works, the party retaining the vehicle could (as part of the court order) remain solely responsible for all expenses and payments associated with the vehicle and would be required to indemnify and hold the other party harmless for any debt associated with the vehicle.  If the other party violates the court order by failing to comply, a contempt action could be filed with the court.


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