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famlaw, Family Law Attorney
Category: Family Law
Satisfied Customers: 961
Experience:  attorney specializing in family law, including divorce, seperation, and child custody determinations and modi
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My husband and his ex-wife have a divorce agreement in the

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My husband and his ex-wife have a divorce agreement in the state of Maryland. In the agreement it was outlined that she would make the payments on the car loan for the vehicle that she drove and once the loan was paid in full he would sign the title over to her. The car loan has now been paid off. She is now saying that she does not intend to keep the vehicle so she has asked that instead of signing the car over to her as the agreement outlined, she would like for him to sell the car to a used car dealer and, once sold, endorse the check over to her. I am very uncomfortable with this request but my husband doesn't see the harm in it. Can you advise if this is a bad idea and if so, what the ramifications may be if he were to do this?
Submitted: 5 years ago.
Category: Family Law
Expert:  famlaw replied 5 years ago.

It would probably be ok if she documented the request in writing and had her signature notarized, but you would need to check the specific language of the divorce decree. The easier way for your husband would be to just transfer the title to her and let her sell the car herself. This would be in compliance with the decree and there would be no chance of your husband getting caught up. If he did this, and she was unhappy with the amount it was sold for, etc., it could be found that he violated the divorce decree and be liable for damages. At the very least, he should make her put her request in writing and have it notarized. I would strongly recommend having an attorney look over the decree and to supervise the process.

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