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Is there anyway that the judge would consider equitable title/
Paul,Thank you for your follow-up. I am not sure I follow. A judge cannot retitle the vehicle, nor can he order the lien to be removed from the title. Since title canot be modified until the debt is paid off, a judge can grant physical ownership to one party or the othr, but he cannot actually change the title since that would require the parties filing with the DMV, nd in thi case first paying off the lien against the property.Good luck.
Then there is a possibility that the judge may grant physical ownership and not force a Sale as we will not get the loan amount for the truck, and both lose.
Paul,That is correct that would be a loss to both. But other than ordering a sale, a judge cannot modify title. he can grant physical rights to one person over the other, but that is about it.Good luck.
I confused you I am ok with title being same I am going to Divorce court wanting to know that I might be able to Physically keep truck with my wife remaining on title until I can refinance that the judge may not force sale but let me keep truck for work and continuing to keep up all costs of truck
Paul,No problem on the confusion. What you describe happens fairly often with both vehicles and real estate. When title cannot be amended and the current lien cannot be removed, the judge grants physical rights to one and essentially demands that the other spouse deal with it until a refinancing is possible. This is most especially true if this is a commercial vehicle that you utilize for your work.Good luck
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