How can I get my name of a car loan and mortgage after divorce?

UPDATED: Oct 1, 2022

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How can I get my name of a car loan and mortgage after divorce?

In the divorce, I willingly gave up the home and the vehicle that we both shared and is under both of our names. Now, almost 2 years later, I want my name off of both notes. How can I make this happen? Is my ex-wife obligated to remove my name?

Asked on June 14, 2019 under Family Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Did she agree in writing, in a divorce settlement, to take over both notes and remove you from them (e.g. to refinance them)? Or did the court order her to remove you from them? If  she agreed in a written settlement or was ordered by the court to do this, you can enforce that settlement or decree/order; consult with a family law attorney about how to force her to do this (it is a more complicated legal proceeding than, say, a small claims case; you will want a lawyer to help you).
But if you voluntarily gave up your interest in these things without getting a written agreement or court order/decree that you she would remove you from them, she does not have to: in this case, you essentially "gifted" her your interest in the home and car without getting anything enforceable in return.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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