Norcross, GA asked in Contracts, Collections, Divorce and Family Law for Georgia

Q: A car has been awarded to my ex wife almost 2 years ago I have requested to have my name removed from the car

Multiple times and dealership has refused to remove me from the car what do I need to do because she has fallen behind on payments and now I'm getting collection calls

2 Lawyer Answers

A: Only your wife can do this. You and she must sign the title over to just her, or however its done in Georgia post-divorce. That takes care of ownership. There's nothing anyone can do to take you off the loan, except your wife or you by paying it off. The divorce decree did not affect your contractual obligations to the Lender. The Lender has nothing to do with your divorce judgment, and the dealership even less. This should have been taken care of 2 years ago.

A: When you got a divorce from your spouse, it should have been outlined in your order who was responsible for that debt upon final judgment and decree of divorce, and instructions on how to remove your name from the loan/debt, if that was the order of the court. If the judge did not address that loan in your divorce, and it was not made a part of the order, you cannot now force the dealership to remove your name without a court order. You should have addressed that matter in your divorce. Now, if you do have an order with the instructions that your name be removed, then the dealership should follow that court order. But this is something you should have addressed in your divorce.

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