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  1. #1
    Gettnout is offline Member
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    Signing over car title

    What is the name of your state? Massachusetts

    Info: Soon-to-be-ex husband and I own our car together, it's financed so the title is at the bank. Since he doesn't drive I would like to take the car with me when I move. I understand he has to sign it over to me, sign something on the back of the title (called bank, they told me). Now, do we physically have to show up at the bank and he has to sign there? This might sound like a weird question but despite of him not driving I expect him to cause as much trouble he can cause with me wanting out of this marriage. I posted in another thread that he is in total denial and still thinks we have a great marriage going on
    What happens if he refuses to do that? Anybody here experienced the same situation?
  2. #2
    Zigner is offline Senior Member
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    Why does he need to sign anything?
    The car will be dealt with in the divorce proceedings.
  3. #3
    penelope10 is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    Why does he need to sign anything?
    The car will be dealt with in the divorce proceedings.
    If there is loan out against the car, the bank holds title. The bank owns the car and they won't release the title until the loan is paid off. Now you and he can try to get him off the note. Doubtful the banks gonna do that.

    What you could do is go to the bank and see about having the car refinanced in your name only. The bank would pay off the old note. Then STBX would sign off on the title. After STBX signed off the refinance would go through. (And yes it would be best that he is there to sign off...I'd be there too to make sure he followed through).

    If divorce proceedings have started then best NOT to do anything before speaking with YOUR ATTORNEY about this.....
    Last edited by penelope10; 05-06-2008 at 10:24 AM.
  4. #4
    Gettnout is offline Member
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    Thanks Penelope
    Yes, I will be meeting my lawyer tomorrow, that will be our first meeting.

    All payments from day one on (both cars we owned since 2001, we traded the last one in in 2005) have been made in my name so that might speak in my favour too.

    The old question is still up though, what if he simply REFUSES to sign the title, just to be a jerk. He DOESNT WANT TO LET GO OF ME and since this is the only thing we own together (no joint bank accounts or credit cards either) I just assume him trying to pull on me whatever he can.

    Well I will know more tomorrow, probably just freaking out a bit today
  5. #5
    Zigner is offline Senior Member
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    Quote Originally Posted by Gettnout View Post
    All payments from day one on (both cars we owned since 2001, we traded the last one in in 2005) have been made in my name so that might speak in my favour too.
    That won't matter - you pay for the car, he pays for the boat (or whatever)...it's all from the same pot o' gold.


    The old question is still up though, what if he simply REFUSES to sign the title, just to be a jerk. He DOESNT WANT TO LET GO OF ME and since this is the only thing we own together (no joint bank accounts or credit cards either) I just assume him trying to pull on me whatever he can.
    Again, the car will be handled in your divorce. For the moment, you are the (co-)owner of the car and have the right to use it.
  6. #6
    Gettnout is offline Member
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    Yes just to clarify, I definitely want to keep the car and keep paying it off, no problem with payments from my side. Then at some point trade it in where I move to.
  7. #7
    penelope10 is offline Senior Member
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    Quote Originally Posted by Gettnout View Post
    Yes just to clarify, I definitely want to keep the car and keep paying it off, no problem with payments from my side. Then at some point trade it in where I move to.
    Your attorney should be able to advise you on the best route to go. Now here's where it can get sticky. (Even if the car is awarded to you in the divorce) If you don't do a refi, and don't trade in the car before the note is paid off, title reassignment should go fairly smooth. AND YOU NEED TO CALL THE BANK AND VERIFY THIS. When the divorce is finalized, and you have paperwork showing the car has been awarded to you, the bank should issue a title in your name only for the car upon payoff. (In other words you present the finalized divorce decree to the lender prior to the vehicle being paid off) Do it close to the time of payoff so the bank doesn't forget and screw the title assignment up. Now if YOU trade the car off before the note is pd, here lies the problem. The divorce decree may not be enough proof of your ownership at the dealership. Depending on the state you live in your EX may still be required too sign off on the title reassignment paperwork. Like I said check with your attorney on this also.

    Also you can call the Tax Dept of the state you are thinking about moving to and ask them if your attorney is unsure. But you've got to take what these folks say sometimes with a grain of salt. Ask to talk to a supervisor.

    Hopes this helps.....
    Last edited by penelope10; 05-06-2008 at 11:34 AM.
  8. #8
    Gettnout is offline Member
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    Thanks for your input, that was very helpful.

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