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My brother is going thru a divorce and my vehicle is under…

My brother is going...

My brother is going thru a divorce and my vehicle is under his name, can his ex wife take my vehicle ?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

I have no say what so ever in this divorce my brother just told me not to trade in the vehicle until the divorce is over.

Lawyer's Assistant: Family law varies by state. What state are you in?

Texas

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can i trade in the vehicle and get another one under my name only?

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Answered in 5 minutes by:
3/22/2018
Jessica B
Category: Family Law
Satisfied Customers: 1,686
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you! I need to clarify some information. The title to the vehicle is in your brother's name? Do you have any proof that it is your vehicle?

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Customer reply replied 4 months ago
It has both our names on there his is first though. And yes I’ve made all the payments on it

Ok perfect! Technically since the car has your brother's name on it, it may be considered an asset during the divorce. Since you are on the title you are entitled to sell the vehicle or trade it in, especially since you can prove you made all the payments. Worst case scenario is your brother's ex could try to go after the car, and you may have to present to the court proof of your ownership and why she has no claim to the vehicle.

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Customer reply replied 4 months ago
ok well lets say we trade in the vehicle and the new car i get its under my name . she no longer can get to that?

Correct. She will have no claim to the vehicle in your sole name.

Jessica B
Category: Family Law
Satisfied Customers: 1,686
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
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