Separation Agreement & auto loan in both names


#1

The STBX has a car is her name and my name- she can’t get the car refinanced in her name because her credit is so bad- I want my name off the title- is there anything that can be done? In our separation agreement I stated that she has to get the car in her name only and she refuses. She still owes 3 more years of payments and I don’t want my name attached to this debt- what can I do?


#2

Your name cannot be removed from the actual title until the lien is released, as far as I know. (You can, however, sign a power of attorney that would allow your ex to sign on your behalf if the title was to be transferred.)

If she can’t refinance the car note, then you’re stuck on the note until it is paid off. (There may be other reasons for the denial of the refi. For example, if the car value to car debt ratio is too low, her credit score is of significantly less significance.)


#3

You may sue her for breach of contract for failing to follow the terms, however is she is unable to refinance the car, it is unlikely that she will be held in breach as her actions are not wilful.


#4

I think your name can’t be removed until & unless the licence is released from her.try to have a healthy talk with her…& convince her to refinance the car…