Q: Wondering if transferring my child’s car title out of my ex’s name/into my name will affect his Chapter 7 filing ..

A: You didn't mention the value of the car, but for the purposes of this answer I'm going to assume that it exceeds the exemption amount.

Transferring the title into your name doesn't resolve the issue, it simply changes the nature of the problem. If your husband files bankruptcy with the vehicle titled in his name, his lawyer will probably assert that he only has "bare legal title". This means that while his name is on the title to the vehicle, he's not the equitable owner of the vehicle because he didn't pay for it. This is a commonly used tool, but I can't say whether it will work in Florida.

If your husband transfers the title into your name, he'll have to disclose that in his bankruptcy petition. The trustee will then try to determine whether the transfer can be avoided (reversed). Your husband could assert that there was no fraudulent conveyance because he had no equitable interest in the car to begin with and as such didn't transfer anything of value.

Provided that a bare legal title argument is valid in Florida, it's probably less risky to have your husband keep the car in his name than it is to open himself up to an avoidance action based on federal and state law. Presumably, his attorney has spoken to him about these options. I would retain a local bankruptcy attorney to explain to you exactly how the courts and trustees respond to the bare legal title argument in the jurisdiction in which your husband expects to file.

A: Transfer it now and then explain later. The lookback period is 2 years, so filing in six months won’t matter. Plus, if you can show that you paid every payment, he was just a straw man and not really the owner.