IfI was giventhe car in my divorce and it still in my ex-husband’s name, can I just give it back to him and be done with it if I’m unable to refinance?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
IfI was giventhe car in my divorce and it still in my ex-husband’s name, can I just give it back to him and be done with it if I’m unable to refinance?
I was given the car as an asset in the divorce. It is in my ex-husband’s name. I was given the power of attorney to refinance the car if I chose to. However I have not been able to refinance due to no credit. Ex has threatened to take the car if I don’t within 10 days. I want to give it to him and be done with it. Any legal issues I need to address before doing so?
Asked on September 19, 2011 under Family Law, North Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is very wise of you to think about this before you actually do it. Yes, you should consider having an attorney draw up some form of agreement as to the car and an acknowledgement as to his receipt of it. You are aware that it was part of your award and that turning it over to him means that your award is reduced by its value? That is also something that you should discuss. Now, from the way that you have phrased the question I need to clarify: is there a loan and is it in his name alone and you were supposed to pay him for it? Whose name is on the title? If you give it to him you need to held harmless from liability because the avenue that you should take here is to request a modification of the divorce decree. Good luck.
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 AttorneyPages.com 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.