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Thank you for your question, Marc. Please permit me to assist you this evening.There is no specific document that would fully release your daughter from liability if the vehicle remains titled under both names. Under state law, what governs is not who physically possess the vehicle but who is on title (even in case of an accident). To truly release herself from liability, the other party would have to formally refinance the loan with the lender solely under his name, and then she could sign the title over to him. If that does not occur, regardless of what she signs she would still be responsible in case of an accident or other issues. The release from the title would not happen without first releasing her from the loan, and that is something the other former spouse has to pursue on his own in this instance.Good luck.
What if he won't refinance. Should she just keep the car stored until he agrees?
Marc,If he refuses to refinance, there is no need to return the vehicle. She is not required to return (if she is on title) as she has as much right to use the car as the other person. As a consequence there is no obligation for her to simply give him the car based on threats--she can continue using it until her refinances and takes the debt personally under his name.Good luck.
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