What can I do to get my name off of my ex-husband’s car loan?

UPDATED: Oct 1, 2022

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What can I do to get my name off of my ex-husband’s car loan?

I have been divorced since July 2016. The divorce papers state that an auto loan with Capital One is his responsibility. He has not refinanced and my name is still in on the loan with his. He is making late payments and it’s effecting my credit score. Capital One and said they cannot take my name off the account and he’ll have to refinance with another bank to get me off the account. He has over a year left on the loan. What can I do to get this loan out of my name?

Asked on February 17, 2018 under Family Law, Ohio


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There really isn't much that you can do. The fact is that the bank is not obligated by your divorce decree since it was not a party to the action. The loan was made based on both yours and your ex-husband's credit. Accordingly, unless he can refinace the loan or until he pays it off, you remain legally liable for the debt and your name will remain.

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